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THE TRADE MARKS LAW, 2016 (LAW 31 OF 2016) THE TRADE MARKS REGULATIONS, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 THE TRADE MARKS LAW, 2016 (LAW 31 OF 2016) THE TRADE MARKS REGULATIONS, 2017 ARRANGEMENT OF REGULATIONS PART 1 - INTRODUCTORY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_1\", \"num\": \"1.\", \"text\": \"Citation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_2\", \"num\": \"2.\", \"text\": \"Definitions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_3\", \"num\": \"3.\", \"text\": \"Fees\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_4\", \"num\": \"4.\", \"text\": \"Forms and directions of the Registrar\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_5\", \"num\": \"5.\", \"text\": \"Delivery of documents by post and courier\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_6\", \"num\": \"6.\", \"text\": \"Delivery of documents by electronic means\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_7\", \"num\": \"7.\", \"text\": \"Delay in communication services\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_8\", \"num\": \"8.\", \"text\": \"Address\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_9\", \"num\": \"9.\", \"text\": \"Address for service\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_10\", \"num\": \"10.\", \"text\": \"Registered Agents\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_11\", \"num\": \"11.\", \"text\": \"Removal as Registered Agent PART 2 - REGISTRABLE TRADE MARKS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_12\", \"num\": \"12.\", \"text\": \"Unacceptable applications\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_13\", \"num\": \"13.\", \"text\": \"Prohibited material\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_14\", \"num\": \"14.\", \"text\": \"Representation of actual person PART 3 - PROCEDURE ON APPLICATION FOR REGISTRATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_15\", \"num\": \"15.\", \"text\": \"Classification of goods and services\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_16\", \"num\": \"16.\", \"text\": \"Application for registration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_17\", \"num\": \"17.\", \"text\": \"Representation of mark; section 13(2)(f)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_18\", \"num\": \"18.\", \"text\": \"Specimens of trade marks in exceptional cases\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_19\", \"num\": \"19.\", \"text\": \"Transliteration and translation PART 4 - PROCEDURE ON RECEIPT OF APPLICATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_20\", \"num\": \"20.\", \"text\": \"Search\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_21\", \"num\": \"21.\", \"text\": \"Acceptance: absolute or conditional\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_22\", \"num\": \"22.\", \"text\": \"Registrar\u2019s objections\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_23\", \"num\": \"23.\", \"text\": \"Registrar\u2019s conditions The Trade Marks Regulations, 2017\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_24\", \"num\": \"24.\", \"text\": \"Decision of the Registrar\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_25\", \"num\": \"25.\", \"text\": \"Disclaimer\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_26\", \"num\": \"26.\", \"text\": \"Notice of non-completion\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_27\", \"num\": \"27.\", \"text\": \"Applications to be published in the Gazette\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_28\", \"num\": \"28.\", \"text\": \"Observations on applications to be sent to applicant PART 5 - OPPOSITION TO REGISTRATION\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_29\", \"num\": \"29.\", \"text\": \"Notice of opposition\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_30\", \"num\": \"30.\", \"text\": \"Counter-statements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_31\", \"num\": \"31.\", \"text\": \"Copy of counter-statement to be sent to opponent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_32\", \"num\": \"32.\", \"text\": \"Opponent submitting evidence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_33\", \"num\": \"33.\", \"text\": \"Reply by opponent\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_34\", \"num\": \"34.\", \"text\": \"Notice of hearing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_35\", \"num\": \"35.\", \"text\": \"Extension of time in opposition proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_36\", \"num\": \"36.\", \"text\": \"Suspension of opposition proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_37\", \"num\": \"37.\", \"text\": \"Opposition: cost of proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_38\", \"num\": \"38.\", \"text\": \"Notice of opposition: security for costs PART 6 - ENTRY IN THE REGISTER, RENEWAL AND REGISTRABLE TRANSATIONS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_39\", \"num\": \"39.\", \"text\": \"Entry of trade mark\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_40\", \"num\": \"40.\", \"text\": \"Certificate of registration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_41\", \"num\": \"41.\", \"text\": \"Renewal of registration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_42\", \"num\": \"42.\", \"text\": \"Late renewal of registration\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_43\", \"num\": \"43.\", \"text\": \"Restoration of registration; section 20(8)(b)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_44\", \"num\": \"44.\", \"text\": \"Gazette notice of renewal, late renewal and restoration and renewal\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_45\", \"num\": \"45.\", \"text\": \"Entry in the Register of particulars of registrable transactions\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_46\", \"num\": \"46.\", \"text\": \"Removal of matter from Register PART 7 - SURRENDER, REVOCATION AND INVALIDITY\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_47\", \"num\": \"47.\", \"text\": \"Surrender\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_48\", \"num\": \"48.\", \"text\": \"Application for revocation\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_49\", \"num\": \"49.\", \"text\": \"Revocation: counter-statements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_50\", \"num\": \"50.\", \"text\": \"Application for revocation: evidence rounds\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_51\", \"num\": \"51.\", \"text\": \"Proprietor submitting evidence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_52\", \"num\": \"52.\", \"text\": \"Application for revocation: reply\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_53\", \"num\": \"53.\", \"text\": \"Notice of hearing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_54\", \"num\": \"54.\", \"text\": \"Extension of time in revocation proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_55\", \"num\": \"55.\", \"text\": \"Suspension of revocation proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_56\", \"num\": \"56.\", \"text\": \"Revocation: costs of proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_57\", \"num\": \"57.\", \"text\": \"Application for revocation: security for costs\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_58\", \"num\": \"58.\", \"text\": \"Application for invalidation; section 45\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_59\", \"num\": \"59.\", \"text\": \"Invalidity: counter-statements\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_60\", \"num\": \"60.\", \"text\": \"Application for a declaration of invalidity: evidence rounds The Trade Marks Regulations, 2017\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_61\", \"num\": \"61.\", \"text\": \"Proprietor to submit evidence\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_62\", \"num\": \"62.\", \"text\": \"Declaration of invalidity: reply\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_63\", \"num\": \"63.\", \"text\": \"Notice of hearing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_64\", \"num\": \"64.\", \"text\": \"Extension of time in invalidation proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_65\", \"num\": \"65.\", \"text\": \"Suspension of invalidation proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_66\", \"num\": \"66.\", \"text\": \"Invalidation: costs of proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_67\", \"num\": \"67.\", \"text\": \"Declaration of invalidity: security for costs PART 8 - COLLECTIVE AND CERTIFICATION MARKS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_68\", \"num\": \"68.\", \"text\": \"Filing of regulations for collective and certification marks: Schedules 1 and 2 of the Law\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_69\", \"num\": \"69.\", \"text\": \"Amendment of regulations of collective and certification marks; Schedule 1 and Schedule 2 of the Law PART 9 - THE REGISTER\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_70\", \"num\": \"70.\", \"text\": \"Public inspection of Register; section 6(3)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_71\", \"num\": \"71.\", \"text\": \"Supply of certified copies, etc.; section 6(3)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_72\", \"num\": \"72.\", \"text\": \"Request for change of name or address in Register\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_73\", \"num\": \"73.\", \"text\": \"Removal of matter from the Register; sections 39(5)(b) and 9(4)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_74\", \"num\": \"74.\", \"text\": \"Confidential documents\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_75\", \"num\": \"75.\", \"text\": \"Information about application and registered trade marks; section 34\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_76\", \"num\": \"76.\", \"text\": \"Procedure on application for rectification or correction of the Register;\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_77\", \"num\": \"77.\", \"text\": \"Withdrawal, restriction or amendment application; section 17 PART 10 - THE REGISTRAR\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_78\", \"num\": \"78.\", \"text\": \"Applications to the Court: service on the Registrar\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_79\", \"num\": \"79.\", \"text\": \"Copy of Court order for Registrar\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_80\", \"num\": \"80.\", \"text\": \"Registrar may publish Court order\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_81\", \"num\": \"81.\", \"text\": \"General powers of Registrar in relation to proceedings\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_82\", \"num\": \"82.\", \"text\": \"Translations\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_83\", \"num\": \"83.\", \"text\": \"Decisions of Registrar to be taken after hearing\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_84\", \"num\": \"84.\", \"text\": \"Evidence in proceedings before the Registrar\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_85\", \"num\": \"85.\", \"text\": \"Registrar to have power of the Clerk of the Grand Court\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_86\", \"num\": \"86.\", \"text\": \"Hearings before Registrar to be in public\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_87\", \"num\": \"87.\", \"text\": \"Registrar may award costs\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_88\", \"num\": \"88.\", \"text\": \"Security for costs: section 70(1)(t)\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_89\", \"num\": \"89.\", \"text\": \"Decision of Registrar PART 11 - APPEALS\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_90\", \"num\": \"90.\", \"text\": \"Decisions subject to appeal: section 58\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_91\", \"num\": \"91.\", \"text\": \"Appeal to Appeals Tribunal; section 58\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_92\", \"num\": \"92.\", \"text\": \"Hearing and determination of appeal; section 58(8) The Trade Marks Regulations, 2017 PART 12 - GENERAL\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_93\", \"num\": \"93.\", \"text\": \"Correction of irregularities in procedure\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_94\", \"num\": \"94.\", \"text\": \"Interrupted day\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_95\", \"num\": \"95.\", \"text\": \"Alteration of time limits\", \"element\": \"section\", \"heading\": null}, {\"eId\": \"sec_96\", \"num\": \"96.\", \"text\": \"Publication fee Schedule 1 - Fees Schedule 2 - Index and Forms Schedule 3 - Cost in proceedings before the Registrar Schedule 4 - Alteration of time limits The Trade Marks Regulations, 2017 THE TRADE MARKS LAW, 2016 (LAW 31 OF 2016) THE TRADE MARKS REGULATIONS, 2017 In exercise of the powers conferred by section 70 of the Trade Marks Law, 2016 (Law 31 of 2016), the Cabinet makes the following Regulations - PART 1 - INTRODUCTORY 1. (1) These Regulations may be cited as the Trade Marks Regulations, 2017. (2) These Regulations shall come into force immediately after the coming into force of the Trade Marks Law, 2016. 2. (1) In these regulations - \u201cagent\u201d means a registered agent; \u201cGazette\u201d means the Cayman Islands Gazette (Intellectual Property) published from time to time; \u201cNice Agreement\u201d means the Nice Agreement concerning the International Classification of Goods and Services for the Purposes of the Registration Marks of 15th June 1957 as amendment from time to time; \u201cNice Classification\u201d means the system of classification under the Nice Agreement as varies from time to time; \u201cspecification\u201d means the designation of goods or services in respect of which a trade mark is registered or proposed to be registered; and \u201cstatement of truth\u201d means a statement that the person producing the document that includes the statement believes the matters stated as facts in the document to be true. Citation Definitions The Trade Marks Regulations, 2017 (2) In these regulations, a reference to the filing of an application, notice or other document, unless the contrary intention appears, is to be construed as a reference to it being delivered to the Registrar. 3. Fees shall be the fees set out in Schedule 1 and shall accompany the relevant form. 4. Any forms referred to in these regulations and set out in Schedule 2 may be modified in such a manner as the Registrar may direct to meet such cases as may be specified. 5. (1) An application, notice or other document authorised or required by the Law to be sent to the Registrar may be sent by post or courier. (2) It is sufficient proof of delivery to show that the application, notice or other document was properly addressed and sent by post or courier. 6. (1) The Registrar may permit, as an alternative to sending by post or courier, the filing of the application, notice or other document by electronic means subject to such conditions as the Registrar may specify by way of - (a) notice published in the Gazette; or (b) written notice to a specific person who wishes to file an application, notice or other document by electronic means. (2) The Registrar may permit, as an alternative to sending by post or delivery of the application, notice, or other document in legible form the filing of the application, notice or other document by electronic means subject to such terms and conditions as the Registrar may specify, either by notice published in the Gazette or, in a particular case, by written notice to the person desiring to file any such documents by such means. (3) Where regulation (2) applies, delivery of the application, notice, or other document in legible form may be satisfied by delivery of it in the form of an electronic record subject to section 8 of the Electronic Transactions Law (2003 Revision). (4) The Registrar may deliver a document to a person in the form of an electronic record subject to section 8 of the Electronic Transactions Law (2003 Revision). (5) Where an electronic record is transmitted by electronic means, the time at which it is sent and received shall be in accordance with section 17 of the Electronic Transactions Law (2003 Revision). Fees Schedule 1 Forms and directions of the Registrar Schedule 2 Delivery of documents by post and courier Delivery of documents by electronic means (2003 Revision) The Trade Marks Regulations, 2017 (6) In this regulation, \u201celectronic\u201d and \u201celectronic record\u201d have the same meaning as in section 2 of the Electronic Transactions Law (2003 Revision). 7. (1) The Registrar shall extend any time limit in these regulations where the Registrar is satisfied that the failure to act in accordance with the Law was wholly or mainly attributed to a delay in, or failure of, a communication service. (2) Any extension under paragraph (1) shall be - (a) made after giving the parties such notice; and (b) subject to such conditions, as the Registrar may direct. (3) For the purpose of this regulation, \u201ccommunication service\u201d means a service by which documents may be sent and delivered and includes post, facsimile, email and courier. 8. Where any person is bound to furnish the Registrar with an address, such address shall be sufficient in all respects to enable the delivery of any document to that person. 9. For the purposes of any proceedings, the address for service shall be the address of the agent appointed under section 60(1) of the Law. 10. (1) Except as otherwise required by these Regulations, any application, request or notice which is required or permitted by the Law or these Regulations to be made or given to the Registrar and all other communications between an applicant or a person making such a request or giving such a notice and the Registrar or any other person, shall be signed, made or given by an agent authorised under section 60(1) of the Law. (2) Where a person appoints an agent for the first time or appoints one agent in substitution for another, such appointed agent shall file the relevant form in Schedule 2 on the condition that, in the case of a substitution of one agent for another, the newly appointed agent shall also notify the previously appointed agent of the appointment. (3) In the event of an appointment under paragraph (2), service upon the agent of any document relating to the matter shall be deemed to be service upon the principal, and all communications directed to be made to the principal in respect of the matter may be addressed to the registered agent, and all attendance before the Registrar relating thereto may be made through such agent. Delay in communication service Address Address for service Registered agents The Trade Marks Regulations, 2017 (4) A request to be licensed by the Registrar as a registered agent shall be filed on the relevant form in Schedule 2 and accompanied by the relevant fee set out in Schedule 1. (5) In respect of any transaction, the Registrar may refuse to recognise as agent - (a) an individual whose name has been erased from and not restored to, or who is suspended from, the Register of trade mark agents on the ground of misconduct; (b) a person who is found by the Grand Court to have been guilty of such conduct as would, in the case of an individual registered in that Register, render that person liable to have their name erased from it on the ground of misconduct; or (c) a partnership or body corporate of which one of the partners or directors is a person whom the Registrar could refuse to recognise under paragraph (a) or (b). (6) A registered agent shall pay the annual fee as set out in Schedule 1. (7) If the annual fee and penalty are not paid by 31st December the Registrar may remove the name of the registered agent from the register of agents. (8) A registered agent who defaults in paying the annual fee shall incur a penalty of - (a) 33.33 per cent of the annual fee specified in Schedule1 if the fee and penalty are paid between 1stApril and 30th June; (b) 66.67 per cent of the annual fee specified in Schedule 1 if the fee and penalty are paid between 1st July and the 30th September; and (c) 100 per cent of the annual fee specified in Schedule 1 if the fee and penalty are paid between the 1st October and the 31st December. 11. (1) An application to be removed as the registered agent of a proprietor shall be made on the form set out in Schedule 2 and accompanied by the fee. (2) The Registrar shall inform the respective proprietor of any application for removal as registered agent. (3) Where a trade mark is scheduled to be removed from the Register for failure of the proprietor to appoint an agent, the Registrar shall cause this fact to be published by way of the Gazette. Removal of registered agent The Trade Marks Regulations, 2017 PART 2 - REGISTRABLE TRADE MARKS 12. (1) The Registrar may refuse to accept an application for the registration of a trade mark upon which any of the following appear - (a) the words \\\"patent\\\", \\\"registered\\\", \\\"registered design\\\", \\\"copyright\\\", \\\"To counterfeit this is a forgery\\\", or words to like effect; (b) representations of Her Majesty or any member of the Royal Family, or any colourable imitations thereof; (c) the words \\\"Red Cross\\\" or \\\"Geneva Cross\\\", and representations of the Geneva and other crosses in red, or of the Swiss Federal Cross in white on a red ground or silver on a red ground, or such representations in a similar colour or colours; or (d) the words \\\"Red Crescent\\\" or \\\"Red Lion and Sun\\\" and representations of the red crescent moon, or red lion and sun, on a white or silver ground. (2) Where there appears in a trade mark the registration of which is applied for a representation of a cross or crescent moon in any colour, not being one of those referred to in paragraphs (1)(c) or (d), the Registrar may require the applicant as a condition of acceptance to undertake not to use the cross or crescent moon device in red, or (in the case of the cross device only) in white on a red ground, or in any similar colour or colours. 13. The following features shall not appear on a trade mark for which an application for registration is made, unless it appears to the Registrar that consent has been given by or on behalf of the respective Government or international organisation - (a) representations of the Royal or Imperial Arms, or the Arms of the Cayman Islands, crests, armorial bearings or insignia, the Coat of Arms of any state or other division of any country or territory of any country or devices so nearly resembling any of the foregoing as to be likely to be mistaken for them; (b) representations of the Royal or Imperial Crowns, insignia of Royalty and International Organisations, or the Royal, Imperial or National flags or of the flag of the Cayman Islands or of any flag of any state or other division of any country or territory of any country; (c) any words, such as \\\"Royal\\\" or \\\"Imperial\\\", or any letters or devices if used in such a manner as to be likely to lead persons to think that the applicant either has or recently has had Royal patronage or authorisation, whether or not such be the case. Unacceptable applications Prohibited material The Trade Marks Regulations, 2017 14. Where the name or representation of any person appears on a trade mark, the Registrar shall before proceeding to register the mark, be furnished with consent from the person or, in the case of a person deceased, from the legal representative, and in default of such consent the Registrar shall refuse to register the mark. PART 3 - PROCEDURE ON APPLICATION FOR REGISTRATION 15. (1) The prescribed system of classification for the purposes of the registration of trade marks is the Nice Classification. (2) When a trade mark is registered it shall be classified according to the version of the Nice Classification that was in effect on the date of the application for registration. 16. (1) An application to the Registrar for the registration of a trade mark shall be filed on the relevant form in Schedule 2 signed by the applicant or the registered agent. (2) An application for registration shall be for the registration of the trade mark in respect of goods or services in one or more classes in accordance with the Nice Classification and shall specify - (a) the class or classes of goods or services to which the application relates; and (b) a clear description, appropriate to the respective class, of the goods or services in respect of which the trade mark is proposed to be registered. (3) If the application relates to more than one class in the Nice Classification, the specification contained in it shall set out the classes in consecutive numerical order and the specification of the goods or services shall be grouped accordingly. (4) If the specification contained within the application lists the goods or services item by reference to a class in the Nice Classification in which it does not fall, the applicant may request, by filing the relevant form in Schedule 2 that the application be amended to include the appropriate class for the item, and upon the payment of the appropriate class fee the Registrar shall amend the application accordingly. (5) In the case of an application for registration in respect of all the goods or services included in a class, or of a large variety of goods or services, the Representation of actual person Classification of goods and services Application for registration The Trade Marks Regulations, 2017 Registrar may refuse to accept the application unless the Registrar is satisfied that the specification is justified by the use of the mark which the applicant has made, or intends to make if and when it is registered. (6) On receipt of the application the Registrar shall furnish the applicant with an acknowledgment therefor. 17. (1) The representation included with an application for registration of a trade mark shall depict the trade mark clearly and in sufficient detail to permit a proper examination to be made of the trade mark and shall be of a kind and quality that is suitable for reproduction and registration. (2) The Registrar, if dissatisfied with any representation of a mark, may at any time require another representation satisfactory to the Registrar to be substituted before proceeding with the application. 18. (1) The Registrar may require, where a drawing or other representation or specimen cannot be given in the manner referred to in regulation 17, a specimen copy of the trade mark to be sent either of full size or on a reduced scale, and in such form as the Registrar may think most convenient. (2) The Registrar may in exceptional cases, deposit in the Registry a specimen or copy of a trade mark which cannot conveniently be shown by a representation, and may refer to this specimen or copy in the Register in such manner as the Registrar may think fit. 19. (l) Where a trade mark contains a word or words in characters other than the characters in the Roman alphabet, there shall, unless the Registrar otherwise directs, be endorsed on the application form, a sufficient transliteration and translation, to the satisfaction of the Registrar, of each of such words, and every such endorsement shall state the language to which the word belongs and shall be signed by the applicant or the agent. (2) Where a trade mark contains a word or words in a language other than English, the Registrar may ask for an accurate translation thereof together with the name of the language, and the translation shall be endorsed and signed by the registered agent. PART 4 - PROCEDURE ON RECEIPT OF APPLICATION 20. (1) Upon receipt of an application for the registration of a trade mark in respect of any goods or services, the Registrar shall cause a search to be made of Representation of mark; section 13(2)(f) Specimens of trade marks in exceptional cases Transliteration and translation Search The Trade Marks Regulations, 2017 the registered marks and pending applications, for the purpose of ascertaining whether there are on record, in respect of the same goods or services or description of goods or services, any marks identical with the mark applied for, or so nearly resembling it so as to render the mark applied for likely to deceive or cause confusion. (2) Where, following any search under paragraph (1) it appears to the Registrar that there may be relative grounds for refusal of the registration under section 25 of the Law, the Registrar shall notify this fact to - (a) the applicant\u2019s agent; and (b) the agent of the proprietor of the earlier right. 21. After consideration of the application, and of any evidence of use or of distinctiveness or of any other matter which the applicant may furnish or be required to furnish, the Registrar may accept the application absolutely, object to it, or may accept it subject to such conditions, amendments, disclaimer, modifications or limitations as the Registrar may determine in accordance with section 33 of the Law. 22. If the Registrar objects to the application, the Registrar shall inform the applicant of the objections in writing, and unless the applicant applies for a hearing or makes a reply in writing to those objections within sixty days of being notified, the applicant shall be deemed to have withdrawn the application. 23. (1) If the Registrar is willing to accept the application subject to any conditions, amendments, disclaimer, modifications or limitations, the Registrar shall communicate this to the applicant in writing, and, if the applicant objects to such conditions, amendments, disclaimer, modifications or limitations, the applicant shall within sixty days of the date of the communication apply for a hearing or communicate considered objections in writing, and if the applicant does not do so the applicant shall be deemed to have withdrawn the application. (2) If the applicant does not object to such conditions, amendments, disclaimer, modifications or limitations referred to in paragraph (1), the applicant shall within sixty days of the date of the communication, notify the Registrar in writing, and alter the application accordingly. (3) Where an application for the registration of a trade mark is altered under paragraph (1), the publication fee under regulation 96 shall be payable by the applicant. 24. (1) The decision of the Registrar - (a) pursuant to the hearing under regulation 22 or 23; or Acceptance: absolute or conditional Registrar\u2019s objections Registrar\u2019s conditions Decision of the Registrar The Trade Marks Regulations, 2017 (b) where the applicant has communicated the considered objections or reply in writing in accordance with regulation 23(1), and the reply has stated that there is no desire to be heard, shall be communicated to the applicant in writing. (2) The date on which the Registrar\u2019s decision is sent to the applicant shall be deemed to be the date of the Registrar\u2019s decision for the purpose of an appeal. 25. The Registrar may, where the trade mark contains words or devices that are descriptive of the goods or services applied for, direct the applicant to insert in an application such disclaimer as the Registrar may think fit, to make it clear - (a) that the applicant does not claim an exclusive right to the descriptive word or device; and (b) the extent of the applicant\u2019s rights in relation to the descriptive word or device, if the mark is registered. 26. Notice of non-completion of an application to register a trade mark shall be given by the Registrar, pursuant to section 15(6) of the Law, to the applicant\u2019s agent. 27. Where an application for registration is accepted and there is no representation of the trade mark included in the publication of the application, the Registrar shall refer in the Gazette to the place where a specimen or representation of the trade mark is deposited for exhibition. 28. The Registrar shall send to the applicant a copy of any document containing observations made under section 16(4) of the Law within twenty-one days of receipt. PART 5 - OPPOSITION TO REGISTRATION 29. (1) Notice of opposition to the registration of the trade mark under sections 16(2) and (3) to which the publication relates, shall be given on the appropriate form set out in Schedule 2. (2) If registration is opposed on the ground that the mark resembles any mark or marks already on the Register, the numbers of such marks and the numbers of the Gazette in which they have been published shall be set out by the person giving notice. 30. (1) Within sixty days of the date on which the Registrar sends the notice of opposition the applicant shall send to the Registrar a counter-statement on the Disclaimer Notice of noncompletion Applications to be published in the Gazette Observations on application to be sent to applicant Notice of opposition Counter-statements The Trade Marks Regulations, 2017 appropriate form in Schedule 2 setting out the grounds on which the applicant relies as supporting the application along with any facts alleged in the notice of opposition that are admitted. (2) Where the applicant fails to file a counter-statement within the relevant period, the application for registration, insofar as it relates to the goods and services in respect of which the opposition is directed, shall be deemed to be withdrawn unless the Registrar directs otherwise. 31. Upon receipt of the counter-statement, the Registrar shall immediately send a copy of the counter-statement to the opponent, and within ninety days of the date on which the Registrar sends the copy of the counter-statement the opponent shall submit to the Registrar such evidence by way of witness statement and any accompanying exhibits as the opponent may desire to adduce in support of the opposition, and shall deliver to the applicant a copy of such evidence. 32. (1) If an opponent submits evidence within ninety days of the date on which the opponent sends a copy of the evidence to the applicant, the applicant shall submit to the Registrar such evidence by way of witness statement and any accompanying exhibits as the applicant may desire to adduce in support of the application, and shall deliver to the opponent a copy of such evidence. (2) If an opponent does not submit evidence within the time set out in regulation 31, the Registrar shall notify the applicant of the failure to submit evidence. (3) An applicant may, within ninety days of the date on which the Registrar sends notification that the opponent did not file evidence in support of the application, submit to the Registrar evidence by way of witness statement and any accompanying exhibits in support of the application and shall deliver to the opponent a copy of such evidence. 33. (1) Within ninety days of the date on which the applicant sends a copy of the evidence to the opponent, the opponent may file with the Registrar evidence by witness statement and any accompanying exhibits in reply, and shall deliver to the applicant a copy of the evidence. (2) Evidence under paragraph (1) shall be confined to matters strictly in reply. 34. (1) Upon completion of the evidence rounds the Registrar shall give notice to the parties of a date when the arguments in the case will be heard. Copy of counterstatement to be sent to opponent Opponent submitting evidence Reply by opponent Notice of hearing The Trade Marks Regulations, 2017 (2) Such appointment shall be for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. (3) Within seven days of the date on which the Registrar sends such notice in the appropriate form set out in Schedule 2 both parties shall notify the Registrar as to whether or not they wish to be heard and if neither party wishes to be heard the Registrar shall notify the parties and make a determination from the submissions. (4) If either or both parties wish to be heard the Registrar shall re-confirm the hearing date. 35. (1) The Registrar shall not, under any circumstances, grant an extension of time for the filing of a notice of opposition or a counter-statement. (2) The Registrar may choose, upon application supported by good reasons by either party, to grant any reasonable extension of time for opposition proceedings not mentioned in paragraph (1). 36. (1) Upon the joint application of the parties, the Registrar shall at any time after the counter-statement has been submitted, suspend the opposition proceedings for a period of up to twelve months. (2) A joint application under paragraph (1) is contingent on the parties trying to negotiate an amicable settlement and supported by a statement outlining - (a) the nature of the actions towards settlement taken in the period prior to the date of the application; (b) the progress made prior to the date of the application; (c) whether outstanding issues are merely minor issues of clarification or whether they represent potentially significant barriers to a resolution of the matter; and (d) when the parties expect the negotiations to be completed and the proceedings concluded. (3) The Registrar will consider further joint applications to suspend the opposition proceedings made upon the expiry of the first granted suspension. 37. In any proceedings the Registrar may, by order, award to any party such costs as the Registrar may consider reasonable based on the costs set out in Schedule 3, and direct the manner and by whom the costs are to be paid. Extension of time in opposition proceedings Suspension of opposition proceedings Opposition: cost of proceedings Schedule 3 The Trade Marks Regulations, 2017 38. (1) Where a party giving notice of opposition, or an applicant sending a counter-statement after receipt of a copy of such notice, does not reside nor carry on business in the Islands, the Registrar may require the agent acting for such party to give a written undertaking that the relevant principal will bear the costs of proceedings before the Registrar and at any stage in the opposition proceedings the Registrar may require further security to be given at any time before the decision in the case. (2) The Appeals Tribunal may also require security for the costs of any appeal to the Appeals Tribunal from the Registrar\u2019s decision. (3) Where a party fails to provide security in any proceedings before the Registrar, or in the case of an appeal, in any proceedings before the Tribunal, the Registrar, or the Tribunal, as the case may be, may treat the party in default as having withdrawn their opposition or counter-statement. PART 6 - ENTRY IN REGISTER, RENEWAL AND REGISTRABLE TRANSACTIONS 39. (1) As soon as may be practicable after the expiration of sixty days of the date of the publication in the Gazette of any application for the registration of a trade mark, the Registrar shall, subject to any opposition proceedings and the determination thereof, and in accordance with the provisions of section 18 of the Law enter the trade mark in the Register. (2) The entry in the Register shall give the date of registration, the goods or services in respect of which it is registered, and all particulars specified in section 13(2) of the Law. 40. Upon the registration of a trade mark, the Registrar shall issue to the applicant a certificate of registration. 41. Renewal of registration shall be effected by filing an application for renewal on the relevant form in Schedule 2 at any time within the period of 6 months before the date of the expiration of the registration. 42. (1) The late renewal of a registration shall be effected by filing an application for renewal on the relevant form in Schedule 2 at any time within the period of 6 months beginning on the date of the expiration of the registration. Notice of opposition: security for costs Entry of trade mark Certificate of registration Renewal of registration Late renewal of registration The Trade Marks Regulations, 2017 (2) Where a request for renewal is not filed within the time period specified in paragraph (1), the Registrar shall remove the mark from the Register and publish its removal by way of notice in the Gazette. 43. Where the Registrar has removed the mark from the Register in accordance with regulation 42(2) the Registrar may, following receipt of an application filed on the relevant form in Schedule 2 and the respective fee, restore the mark to the Register and renew its registration. 44. (1) Upon the renewal, late renewal, or restoration and renewal, of a registration, a notice to that effect shall be sent to the registered proprietor, and the renewal, late renewal, or restoration and renewal, shall be published in the Gazette. (2) Where any notice of a renewal under paragraph (1) is to be published in the Gazette, the publication fee in regulation 96 shall be payable by the registered proprietor. 45. Upon application made to the Registrar on the relevant form in Schedule 2 by such person as is mentioned in section 39(1)(a) or (b) of the Law there shall be entered in the Register in respect of each trade mark the following particulars of registrable transactions together with the date on which the entry is made - (a) in the case of an assignment of a registered trade mark or any right in it - (i) the name and address of the assignee; (ii) the date of the assignment; and (iii) where the assignment is in respect of any right in the mark, a description of the right assigned; (b) in the case of the grant of a licence under a registered trade mark- (i) the name and address of the licensee; (ii) where the licence is an exclusive licence, that fact; (iii) where the licence is limited, a description of the limitation; and (iv) the duration of the licence if the duration is for a definite period; (c) in the case of the grant of any security interest over a registered trade mark or any right in or under it - (i) the name and address of the grantee; (ii) the nature of the interest (whether fixed or floating); and (iii) the extent of the security and the right in or under the mark secured; (d) in the case of the making by personal representatives of an assent in relation to a registered trade mark or any right in or under it - Restoration of registration; section 20(8)(b) Gazette notice of renewal, late renewal and restoration and renewal Entry in the Register of particulars of registrable transactions The Trade Marks Regulations, 2017 (i) the name and address of the person in whom the mark or any right in or under it vests by virtue of the assent; and (ii) the date of the assent; (e) in the case of a court or other competent authority transferring a registered trade mark or any right in or under it - (i) the name and address of the transferee; (ii) the date of the order; and (iii) where the transfer is in respect of a right in the mark, a description of the right transferred; (f) in the case of any registered transmission by way of testamentary disposition or operation of law other than assignment - (i) the name and address of the person and a description of the person claiming to be entitled (if a partnership, the full name of each of the partners); (ii) a copy of the instrument under which the person claims; and (iii) where the transfer is in respect of a right in the mark, a description of the right transferred; and (g) in the case of any amendment of the registered particulars relating to a licence under a registered trade mark or a security interest over a registered trade mark or any right in or under it, particulars to reflect such amendment. 46. (1) Where it appears to the Registrar that any matter in the Register has ceased to have effect, before removing it from the Register - (a) the Registrar may publish in the Gazette the fact that it is intended to remove that matter; and (b) where any person appears to the Registrar to be affected by the removal, notice of the intended removal shall be sent to that person. (2) Within sixty days of the date on which the intention to remove the matter is published, or notice of the intended removal is sent, as the case may be - (a) any person may file notice of opposition to the removal on the relevant form in Schedule 2; and (b) the person to whom a notice is sent under paragraph (1)(b) may file objections in writing, if any, to the removal. (3) If the Registrar is satisfied, after considering any objections or opposition to the removal, that the matter has not ceased to have effect then the Registrar shall not remove it. (4) Where there has been no response to the Registrar\u2019s notice the Registrar may remove the matter. Removal of matter from Register The Trade Marks Regulations, 2017 (5) Where representations objecting to the removal of the matter have been made, the Registrar may remove it, or the appropriate part of it, if after considering the objections the Registrar is of the view that the matter, or any part of it, has ceased to have effect. PART 7 - SURRENDER, REVOCATION AND INVALIDITY 47. (1) Subject to paragraph (2), the proprietor may surrender a registered trade mark in respect of all the goods or services for which it is registered or in respect only of those goods or services specified by the proprietor by sending notice to the Registrar on the relevant form in Schedule 2. (2) A notice under paragraph (1) shall be of no effect unless the proprietor in that notice - (a) gives the name and address of any person having a registered interest in the mark; and (b) certifies that any such person - (i) has been sent at least three months\u2019 notice of the proprietor\u2019s intention to surrender the mark; or (ii) is not affected or, if affected, consents to the surrender. (3) The Registrar shall, upon receiving the notice under paragraph (1), make the appropriate entry in the Register and publish the date of receipt of the surrender in the Gazette. (4) The surrender takes effect from the date of publication in the Gazette. 48. (1) An application to the Registrar for revocation of a trade mark under section 44 of the Law, on the grounds set out in section 44(1)(a) or (b), shall be made on the relevant form in Schedule 2 and shall include a statement of the grounds on which the application is made and be accompanied by a statement of truth. (2) The Registrar shall send a copy of the form referred to in paragraph (1) and the statement of the grounds on which the application is made to the proprietor. 49. (1) Within sixty days of the date on which the Registrar sends a copy of the form referred to in regulation 48(1) and the statement of the grounds to the proprietor, the proprietor shall send to the Registrar a counter-statement on t h e  relevant form in Schedule 2 setting out the grounds on which the proprietor relies. Surrender Application for revocation Revocation: counterstatements The Trade Marks Regulations, 2017 (2) If the Registrar does not receive a counter-statement, the Registrar may consider this as an indication that the proprietor is not contesting the application for revocation and the registration of the mark shall, unless the Registrar directs otherwise, be revoked. (3) The Registrar shall send a copy of the counter-statement on t h e relevant form in Schedule 2 to the applicant. 50. Within ninety days of the date on which the Registrar sends the copy of the counter-statement, the applicant shall submit to the Registrar such evidence by way of witness statement and any accompanying exhibits as the applicant may desire to adduce in support of the application for revocation, and shall deliver to the proprietor a copy of such evidence. 51. (1) If the applicant submits evidence in accordance with regulation 50, within ninety days of the date on which the applicant sends a copy of the evidence to the proprietor, the proprietor shall submit to the Registrar such evidence by way of witness statement and any accompanying exhibits as the proprietor may desire, and shall deliver to the applicant a copy of such evidence. (2) If an applicant does not submit evidence within the time-frame prescribed under regulation 50 the applicant, shall, unless the Registrar otherwise directs, be deemed to have withdrawn the application. (3) The Registrar shall notify the proprietor of any direction given under paragraph (2). 52. Within ninety days of the date on which the proprietor sends a copy of the evidence to the applicant, the applicant may file to the Registrar evidence by witness statement and any accompanying exhibits in reply, and shall deliver to the proprietor a copy of the evidence, such evidence being confined to matters strictly in reply. 53. (1) Upon completion of the evidence rounds the Registrar shall give notice to the parties of a date when the arguments in the case are scheduled to be heard. (2) The hearing shall be scheduled for a date at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. (3) Within seven days of the date on which the Registrar sends such notice both parties shall notify the Registrar as to whether or not they wish to be heard. Application for revocation: evidence rounds Proprietor submitting evidence Application for revocation: reply Notice of hearing The Trade Marks Regulations, 2017 (4) If neither party wishes to be heard the Registrar shall notify the parties of that and proceed to make a decision from the submissions. (5) If either or both parties wish to be heard the Registrar shall re-confirm the hearing date. 54. (1) The Registrar shall under no circumstances grant an extension of time for the filing of a counter-statement. (2) The Registrar may choose, upon application supported by good reasons by either party, to grant any reasonable extension of time subject to paragraph (1). 55. (1) Upon the joint application of the parties, the Registrar shall at any time after the counter-statement has been submitted, suspend the revocation proceedings for a period of up to twelve months. (2) The joint application shall be requested on the basis that the parties are trying to negotiate an amicable settlement and supported by a statement outlining - (a) the nature of the actions towards settlement taken in the period prior to the date of the application; (b) the progress made prior to the date of the application; (c) whether outstanding issues are merely minor issues of clarification or whether they represent potentially significant barriers to a resolution of the matter; and (d) when the parties expect the negotiations to be completed and the proceedings concluded. (3) The Registrar will consider further joint applications to suspend the revocation proceedings made upon the expiry of the first granted suspension. 56. In any proceedings, the Registrar may, by order, award to any party such costs as the Registrar may consider reasonable based on the costs set out in Schedule 3, and direct how and by what parties they are to be paid. 57. (1) Where a party filing an application for revocation, or a proprietor sending a counter-statement after receipt of a copy of such application, neither resides nor carries on business in the Islands, the Registrar may require the agent acting for and on behalf of such party to give a written guarantee that such party will bear the costs of proceedings before the Registrar and at any stage in the revocation proceedings the Registrar may require further security to be given at any time before the decision in the case. Extension of time in revocation proceedings Suspension of revocation proceedings Revocation: costs of proceedings Application for revocation: security for costs The Trade Marks Regulations, 2017 (2) The Registrar may also require security for the costs of any appeal to the Court from the Registrar\u2019s decision. (3) In default of such security being given, the Registrar, in the case of the proceedings before the Registrar, or in the case of an Appeal, the Appeals Tribunal under section 58 of the Law may treat the party in default as having withdrawn their application for revocation or counter-statement, as the case may be. 58. (1) An application to the Registrar for a declaration of invalidity of a trade mark under section 45 of the Law shall be made on the relevant form in Schedule 2 and shall include a statement of the grounds on which the application is made and be accompanied by a statement of truth. (2) Where the application is based on a trade mark which has been registered, there shall be included in the statement of the grounds on which the application is made, a representation of that mark and - (a) the details of the authority with which the mark is registered; (b) the registration number of that mark; and (c) the goods and services in respect of which - (i) that mark is registered; and (ii) the application is based. (3) Where the application is based on a trade mark in respect of which an application for registration has been made, there shall be included in the statement of the grounds on which the application is made a representation of that mark and those matters set out in paragraph (2)(a) through (c), with references to registration being construed as references to the application for registration. (4) Where the application is based on an unregistered mark or other sign which the applicant claims to be protected by virtue of the law of passing off or any other law, there shall be included in the statement of the grounds on which the application is made a representation of that mark or sign and the goods and services in respect of which such protection is claimed. (5) The Registrar shall send a copy of the form referenced in paragraph (1) and the statement of the grounds on which the application for a declaration of invalidity is made to the proprietor. 59. (1) Within sixty days of the date on which the Registrar sends to the proprietor a copy of the form referred to in regulation 58(1) and the statement of the grounds, the proprietor shall file with the Registrar a counter-statement on t h e  relevant form in Schedule 2 setting out the grounds on which the proprietor relies. Application for invalidation; section 45 Invalidity: counterstatements The Trade Marks Regulations, 2017 (2) Where the proprietor does not file a counter-statement, the Registrar may treat the proprietor as not contesting the application for a declaration of invalidity and the registration of the mark shall, unless the Registrar directs otherwise, be invalidated. (3) The Registrar shall send a copy of the counter-statement on t h e relevant form in Schedule 2 to the applicant. 60. Within ninety days of the date on which the Registrar sends the copy of the counter-statement, the applicant shall submit to the Registrar such evidence by way of witness statement and any accompanying exhibits as desired to adduce in support of the application for a declaration of invalidity, and shall deliver to the proprietor a copy of such evidence. 61. (1) If the applicant submits evidence then within ninety days of the date on which the applicant sends a copy of the evidence to the proprietor, the proprietor shall submit to the Registrar such evidence by way of witness statement and any accompanying exhibits desired, and shall deliver to the applicant a copy of such evidence. (2) If an applicant does not submit evidence within the time-frame prescribed under regulation 60 the applicant shall, unless the Registrar otherwise directs, be deemed to have withdrawn the application. (3) The Registrar shall notify the proprietor of any direction given under paragraph (2). 62. Within ninety days of the date on which the proprietor sends a copy of the evidence to the applicant the applicant may file with the Registrar evidence by witness statement and any accompanying exhibits in reply, and shall deliver to the p ro p rieto r a copy of the evidence, such evidence being confined to matters strictly in reply. 63. (1) Upon completion of the evidence rounds, the Registrar shall give notice to the parties of the date for the hearing of the arguments. (2) The date for the hearing under paragraph (1) shall be at least fourteen days after the date of the notice, unless the parties consent to a shorter notice. (3) Within seven days of the date on which the Registrar sends the notice both parties shall notify the Registrar as to whether or not they wish to be heard. Application for a declaration of invalidity: evidence rounds Proprietor to submit evidence Declaration of invalidity:reply Notice of hearing The Trade Marks Regulations, 2017 (4) If neither party wishes to be heard the Registrar shall notify the parties of that and proceed to make a decision from the submissions. (5) If either or both parties wish to be heard the Registrar shall re-confirm the hearing date. 64. (1) The Registrar shall not grant an extension of time under any circumstances for the filing of a counter-statement. (2) The Registrar may choose, upon application supported by good reasons by either party to grant any reasonable extension of time for proceedings not mentioned in paragraph (1). 65. (1) Upon the joint application of the parties, the Registrar shall at any time after the counter-statement has been submitted, suspend the invalidation proceedings for a period of up to twelve months. (2) The application shall be requested on the basis that the parties are trying to negotiate an amicable settlement and supported by a statement outlining - (a) the nature of the actions towards settlement taken in the period prior to the date of the application; (b) the progress made prior to the date of the application; (c) whether outstanding issues are merely minor issues of clarification or whether they represent potentially significant barriers to a resolution of the matter; and (d) when the parties expect the negotiations to be completed and the proceedings concluded. (3) The Registrar shall consider further joint applications to suspend the invalidation proceedings made upon the expiry of the first granted suspension. 66. In any proceedings, the Registrar may by order award to any party such costs as the Registrar may consider reasonable, based on the costs set out in Schedule 3, and direct the manner and the date by which the costs are to be paid. 67. (1) Where a party filing an application for a declaration of invalidity, or a proprietor sending a counter-statement after receipt of a copy of such application, neither resides nor carries on business in the Islands, the Registrar may require the agent acting for and on behalf of such party to give a written guarantee that such party will bear the costs of proceedings before the Registrar and at any stage in the invalidity proceedings may require further security to be given at any time before the Registrar\u2019s decision in the case. Extension of time in invalidation proceedings; section 70(1)(f) Suspension of invalidation proceedings Invalidation: costs of proceedings Declaration of invalidity: security for costs The Trade Marks Regulations, 2017 (2) The Registrar may also require security for the costs of any appeal to the Appeals Tribunal from the Registrar\u2019s decision. (3) In default of such security being given, the Registrar, in the case of the proceedings before the Registrar, or in the case of an Appeal, the Appeals Tribunal may treat the party in default as having withdrawn their application for a declaration of invalidity or counter-statement, as the case may be. PART 8 - COLLECTIVE AND CERTIFICATION MARKS 68. Where an application for registration of a collective or certification mark is filed, the applicant shall, within such period of not less than three months file the relevant form in Schedule 2 accompanied by a copy of the regulations governing the use of the mark. 69. (1) An application for the amendment of the regulations governing the use of a registered collective or certification mark shall be filed on the relevant form in Schedule 2. (2) Where it appears to be expedient to the Registrar that the amended regulations should be made available to the public the Registrar shall publish a notice in the Gazette indicating where copies of the amended regulations may be inspected. (3) Any person may, within two months of the date of publication of the notice under paragraph (2), make observations to the Registrar on the amendments relating to the matters referred to in paragraph 6(1) of Schedule 1 to the Law in relation to a collective mark, or paragraph 7(1) of Schedule 2 to the Law in relation to a certification mark and the Registrar shall send a copy of those observations to the proprietor\u2019s registered agent. (4) Any person may, within two months of the date on which the notice was published under paragraph (2), give notice to the Registrar of opposition to the amendment on the relevant form in Schedule 2 which shall include a statement of the grounds of opposition indicating why the amended regulations do not comply with the requirements of paragraph 6(1) of Schedule 1 to the Law, or, paragraph 7(1) of Schedule 2 to the Law, as the case may be. (5) The Registrar shall send a copy of the form referred to in paragraph (4) to the proprietor and the procedure in regulations 29 to 38 shall apply to the proceedings relating to the opposition to the amendment as they apply to proceedings relating to opposition to an application for registration with the following modifications - Filing of regulations for collective and certification marks; Schedules 1 and 2 of the Law Amendment of regulations  of collective and certification marks; Schedule 1 and Schedule 2 of the Law The Trade Marks Regulations, 2017 (a) any reference to the applicant shall be construed as a reference to the proprietor; (b) any reference to an application for registration shall be construed as a reference to an application for the amendment of the regulations; and (c) any reference to the person opposing the registration shall be construed as a reference to the person opposing the amendment of the regulations. (6) Where an application is made under paragraph (1), the publication fee under paragraph 96 is payable by the applicant. PART 9 - THE REGISTER 70. (1) The Register shall be open for public inspection at the Registry during its hours of business. (2) Where any portion of the Register is kept otherwise than in documentary form, the right of inspection is a right to inspect the material on the Register. 71. The Registrar shall supply a certified copy or extract or uncertified copy or extract of any entry in the Register as may be requested by any person on the relevant form in Schedule 2 and on the payment of the relevant fee. 72. The Registrar shall, on a request made on the relevant form in Schedule 2 by the proprietor of a registered trade mark or a licensee or any person having an interest in or charge on a registered trade mark which has been registered (\u201cthe applicant\u201d), enter a change in the applicant\u2019s name or address as recorded in the Register. 73. (1) Where it appears to the Registrar that any matter in the Register has ceased to have effect, before removing it from the Register - (a) the Registrar may publish in the Gazette the fact that it is intended to remove that matter; and (b) where any person appears to the Registrar to be affected by the removal, notice of the intended removal shall be sent to that person. (2) Within sixty days of the date on which the intention to remove the matter is published, or notice of the intended removal is sent, whichever is later in time - (a) any person may file notice of opposition to the removal on the relevant form in Schedule 2; and Public inspection of Register; section 6(3) Supply of certified copies etc.; section 6(3) Request for change of name or address in Register Removal of matter from Register; sections 39(5)(b) and 9(4) The Trade Marks Regulations, 2017 (b) the person to whom a notice is sent under paragraph (1)(a) may file written objections, if any, to the removal, and where such opposition or objections are made, regulation 29 shall apply. (3) If, after considering any objections or opposition to the removal, the Registrar is satisfied that the matter has not ceased to have effect, the Registrar shall not remove it. (4) Where there has been no response to the Registrar\u2019s notice the Registrar may remove the matter and where representations objecting to the removal of the entry have been made the Registrar may, if after considering the objections the Registrar is of the view that the entry or any part of it has ceased to have effect, remove it or the appropriate part of it. 74. (1) Where a document (other than a form required by the Registrar) is filed at the Registry and the person filing it requests at the time of filing that it or a specified part of it be treated as confidential and gives reasons for the request, the Registrar may direct that it or part of it, as the case may be, be treated as confidential, and the document shall not be open to public inspection while the matter is being determined by the Registrar. (2) Where such direction has been given and not withdrawn, nothing in this regulation shall be taken to authorise or require any person to be allowed to inspect the document, or any part of it to which the direction relates, except by leave of the Registrar. (3) The Registrar shall not withdraw any direction given under this regulation without prior consultation with the person at whose request the direction was given, unless the Registrar is satisfied that such prior consultation is not reasonably practicable. (4) The Registrar may, where the Registrar considers that any document issued by the Registrar should be treated as confidential, so direct, and upon such direction that document shall not be open to public inspection except by leave of the Registrar. (5) Where a direction is given under this regulation for a document to be treated as confidential a record of the fact shall be filed with the document. 75. An application in accordance with section 34 of the Law should be made on the relevant form in Schedule 2. Confidential documents Information about application and registered trade marks; The Trade Marks Regulations, 2017 76. (1) An application for rectification of an error or omission in the Register under section 9(1) of the Law shall be made on the relevant form in Schedule 2 together  with - (a) a statement of the grounds on which the application is made; and (b) any evidence to support those grounds. (2) Where any application is made under paragraph (1) by a person other than the respective registered agent, the Registrar - (a) shall send a copy of the application and the statement, together with any evidence filed, to the proprietor\u2019s registered agent; and (b) may give such direction with regard to the filing of subsequent evidence and upon such terms as the Registrar thinks fit. 77. (1) An application to the Registrar for the withdrawal, restriction or amendment may be made by a registered agent of the applicant, such applications being made on the relevant form in Schedule 2. (2) Where, pursuant to section 17 of the Law, a request is made for amendment of an application which has been published in the Gazette the amendment or a statement of the effect of the amendment shall also be published in the Gazette. (3) Where an application for the amendment of a trade mark is published under paragraph (2), the publication fee under regulation 96 is payable by the applicant. PART 10 - THE REGISTRAR 78. Every application made to the Court under the Law shall be served on the Registrar. 79. Where an order has been made by the Court, the person in whose favour the order has been made (or, where there is more than one person, such persons as the Registrar may direct) shall forthwith file with the Registrar a copy of such order and the Register may thereupon be rectified or altered by the Registrar if the Registrar considers it necessary. 80. Whenever an order is made by the Court, the Registrar may, if the Registrar is of the opinion that the order is of sufficient public interest, publish it in the Gazette. 81. (1) Except where the Law or these regulations otherwise provide, the Registrar may give such directions as to the management of any proceedings as the Registrar thinks fit, and may - Procedure on application for rectification or correction of the Register; section 9 Withdrawal, restriction or amendment application; section 17 Applications to the Court: service on the Registrar Copy of Court order for Registrar Registrar may publish Court order General powers of Registrar in relation to proceedings The Trade Marks Regulations, 2017 (a) require a document, information or evidence to be filed within such period as the Registrar may specify; (b) require a translation of any document; (c) require a party or a party\u2019s legal representative to attend a hearing; (d) hold a hearing by telephone or by using any other method of direct oral communication; (e) allow a submission to be amended; (f) stay the whole, or any part, of the proceedings either generally or until a specified date or event; (g) consolidate proceedings; (h) direct that part of any proceedings be dealt with as separate proceedings; or (i) exclude any evidence which the Registrar considers to be inadmissible. (2) The Registrar may control the evidence by giving directions as to - (a) the issues on which evidence is required; and (b) the way in which the evidence is to be placed before the Registrar. (3) When the Registrar gives directions under any provision of these regulations, the Registrar may - (a) make them subject to conditions; and (b) specify the consequences of failure to comply with the directions or a condition. (4) The Registrar may at any stage of any proceedings direct that the parties to the proceedings attend a case management conference or pre-hearing review. 82. (1) Where any document or part thereof which is in a language other than English is filed, the Registrar may require that there be furnished a translation into English of the document or a part, verified to the satisfaction of the Registrar as corresponding to the original text. (2) The Registrar may refuse to accept any translation which the Registrar considers to be inaccurate in which event there shall be furnished to the Registrar another translation of the document in question verified in accordance with paragraph (1). 83. (1) Without prejudice to any provisions of the Law or these regulations requiring the Registrar to hear any party to proceedings under the Law or these regulations, or to give such party an opportunity to be heard, the Registrar shall, Translations Decisions of Registrar to be taken after hearing The Trade Marks Regulations, 2017 before taking any decision on any matter which is or may be adverse to any party to any proceedings, give that party an opportunity to be heard. (2) The Registrar shall give that party at least fourteen days\u2019 notice, beginning on the date on which notice is sent, of the time when the party may be heard unless the party consents to shorter notice. 84. (1) Subject to regulation 81(2), evidence filed in any proceedings under the Law or these regulations may be given - (a) by witness statement, affidavit, statutory declaration; or (b) in any other form which would be admissible as evidence in proceedings before the Court. (2) A witness statement may only be given in evidence if it includes a statement of truth. (3) Evidence at hearings is to be by witness statement unless the Registrar or any enactment requires otherwise. (4) For the purposes of these regulations, a statement of truth - (a) means a statement that the person making the statement believes that the facts stated in a particular document are true; and (b) shall be dated and signed by - (i) in the case of a witness statement, the maker of the statement; and (ii) in any other case, the party or legal representative of such party. (5) In these regulations, a witness statement is a written statement that is signed by the person making the statement and contains the evidence which that person would be allowed to give orally. (6) Under these regulations, evidence shall only be considered filed when - (a) it has been received by the Registrar; and (b) it has been sent to all other parties to the proceedings. 85. The Registrar shall have the powers of the Clerk of the Grand Court as regards - (a) the attendance of witnesses and their examination on oath; and (b) the discovery and production of documents, but the Registrar shall have no power to punish summarily for contempt. Evidence in proceedings before the Registrar Registrar to have power of the Clerk of the Grand Court The Trade Marks Regulations, 2017 86. The hearing before the Registrar of any dispute between two or more parties relating to any matter in connection with an application for the registration of a trade mark or an actual registered trade mark shall be in public unless the Registrar, after consultation with those parties who appear in person or are represented at the hearing, otherwise directs. 87. In any proceedings, the Registrar may, by order, award to any party such costs as the Registrar may consider reasonable, based on the costs set out in Schedule 3, and shall direct the manner and by whom costs are to be paid. 88. (1) The Registrar may require any person who is a party in any proceedings not already provided for under regulations 38, 57 or 67 to give security for costs in relation to those proceedings; and may also require security for the costs of any appeal from the Registrar\u2019s decision. (2) In default of such security being given, the Registrar, where the proceedings are before the Registrar, or in the case of an appeal, the Appeals Tribunal may treat the party in default as having withdrawn their application, opposition, objection or intervention, as the case may be. (3) The Registrar may, at any stage before giving a decision in the respective proceedings, require further security for costs to be given in relation to those proceedings. 89. (1) Subject to paragraph (2), the Registrar shall send to each party to the proceedings written notice of any decision made in any proceedings before the Registrar stating the reasons for that decision and, for the purposes of any appeal against that decision, the date on which the notice is sent shall be taken to be the date of the decision. (2) Where a statement of the reasons for the decision is not included in the notice sent under paragraph (1), any party may, within 30 days of the date on which the notice was sent to that party, request the Registrar on the relevant form in Schedule 2 request that the Registrar provide a statement of the reasons for the decision and upon such request the Registrar shall provide reasons, and the date on which the reasons are sent shall be deemed to be the date of the Registrar\u2019s decision for the purpose of any appeal against it. (3) The Registrar may publish in the Gazette any matter in relation to an application, proceedings or decision under the Law where it is considered expedient to do so and the publication fee under regulation 96 shall be payable. Hearings before Registrar to be in public Registrar may award costs Security for costs; section 70(1)(t) Decision of Registrar The Trade Marks Regulations, 2017 PART 11 - APPEALS 90. (1) Except as otherwise expressly provided by these regulations, an appeal lies from any decision of the Registrar made under these regulations relating to a dispute between two or more parties in connection with a trade mark, including a decision which terminates the proceedings as regards one of the parties or a decision awarding costs to any party (referred to as \u201ca final decision\u201d) or a decision which is made at any point in the proceedings prior to a final decision (referred to as \u201can interim decision\u201d). (2) An interim decision (including a decision refusing leave to appeal under this paragraph) may only be appealed against independently of any appeal against a final decision with the leave of the Registrar. 91. (1) Notice of appeal to the Appeals Tribunal under section 58 of the Law shall be filed on the relevant form in Schedule 2 which shall include the appellant\u2019s grounds of appeal and the case in support of the appeal. (2) The notice shall be filed with the Chairman and a copy filed with the Registrar within the period of fourteen days of the date of the Registrar\u2019s decision which is the subject of the appeal (referred to as \u201cthe original decision\u201d). (3) Where any person other than the appellant was a party to the proceedings before the Registrar in which the original decision was made (referred to as \u201cthe respondent\u201d), the Registrar shall send to the respondent a copy of the notice and the statement and the respondent may, within the period of twenty-one days of the date on which the notice and statement was sent, file a notice responding to the notice of appeal. (4) The respondent\u2019s notice shall specify any grounds on which the respondent considers the original decision should be maintained where these differ from or are additional to the grounds given by the Registrar in the original decision. (5) The Registrar shall send a copy of the respondent\u2019s notice to the Appeals Tribunal and a copy to the Appellant. 92. (1) The Appeals Tribunal shall send written notice of the time and place appointed for the oral hearing of the appeal - (a) where no person other than the appellant was a party to the proceedings in which the decision appealed against was made, to the Registrar and to the appellant; and Decisions subject to appeal; section 58 Appeal to Appeals Tribunal; section 58 Hearing and determination of appeal; section 58(8) The Trade Marks Regulations, 2017 (b) in any other case, to the Registrar and to each person who was a party to those proceedings. (2) The Appeals Tribunal shall send the notice in paragraph (1) at least fourteen days before the time appointed for the oral hearing. (3) If all the persons notified under paragraph (1) inform the person appointed that they do not wish to make oral representations then - (a) the person appointed may hear and determine the case on the basis of written representations; and (b) the time and place appointed for the oral hearing may be vacated. (4) Regulations 80, 83, 85 and 86 shall apply to the Appeals Tribunal and to proceedings before the Appeals Tribunal as they apply to the Registrar and to proceedings before the Registrar. (5) If there is an oral hearing of the appeal, then regulation 84 shall apply to the Appeals Tribunal and to proceedings before the Appeals Tribunal as it applies to the Registrar and to proceedings before the Registrar. (6) A copy of the decision of the Appeals Tribunal shall be sent, with a statement of the reasons for the decision, to the Registrar and to each person who was a party to the appeal. PART 12 - GENERAL 93. (1) Subject to regulation 95, the Registrar may authorise the rectification of any irregularity in procedure (including the rectification of any document filed) connected with any proceeding or other matter before the Registrar or the Registry. (2) Any rectification made under paragraph (1) shall be made - (a) after giving the parties such notice; and (b) subject to such conditions, as the Registrar may direct. 94. (1) The Registrar may certify any day as an interrupted day where - (a) there is an event or circumstance causing an interruption in the normal operation of the Registry; or (b) there is a general interruption or subsequent dislocation in the postal services of the Cayman Islands. Correction of irregularities in procedure Interrupted day The Trade Marks Regulations, 2017 (2) Any certificate of the Registrar made under paragraph (1) shall be prominently displayed in the Registry and published in the Gazette. (3) The Registrar shall, where the time for doing anything under these regulations expires on an interrupted day, extend that time to the next following day not being an interrupted day or an excluded day. (4) In this regulation - \u201cexcluded day\u201d has the same meaning as in section 8(b) of the Interpretation Law (1995 Revision); and \u201cinterrupted day\u201d means a day which has been certified as such under paragraph (1). 95. (1) Subject to paragraphs (4) and (5), the Registrar may, at the request of the person or party concerned or at the Registrar\u2019s own initiative extend a time or period prescribed by these regulations or a time or period specified by the Registrar for doing any act and any extension under this paragraph shall be made subject to such conditions as the Registrar may direct. (2) A request for extension under this regulation may be made before or after the time or period in question has expired and where the application for registration has not been published and the request for an extension is made before the time or period in question has expired, it shall be made on the relevant form in Schedule 2. (3) Where an extension under paragraph (1) is requested in relation to proceedings before the Registrar, the party seeking the extension shall send a copy of the request to every other person who is a party to the proceedings. (4) The Registrar shall extend a flexible time limit, except a time or period which applies in relation to proceedings before the Registrar or the filing of an appeal to the Appeals Tribunal under regulation 91(2), where - (a) the request for extension is made before the end of the period of sixty days beginning with the date that the relevant time or period expired; and (b) no previous request has been made under this paragraph. (5) A time limit listed in Schedule 4 (whether it has already expired or not) may be extended under paragraph (1) if - (1995 Revision) Alteration of time limits The Trade Marks Regulations, 2017 (a) the irregularity or prospective irregularity is attributable, wholly or in part, to a default, omission or other error by the Registrar; and (b) it appears to the Registrar that the irregularity should be rectified. (6) In this regulation - \u201cflexible time limit\u201d means - (a) a time or period prescribed by these regulations; or (b) a time or period specified by the Registrar for doing any act or carrying out any proceedings; and \u201cproceedings before the Registrar\u201d means any dispute between two or more parties relating to a matter before the Registrar in connection with a trade mark. 96. The publication fee for any document required to be published by the Registrar in the Gazette in support of any registration, appeal, proceeding or any other matter shall be as set out in Schedule 3. SCHEDULE 1 (Regulation 3) Fees Item Particulars Fee 1. Notice of hearing attendance $50.00 Publication fee The Trade Marks Regulations, 2017 2. Application to register a trade mark, collective mark or certification mark $200.00 for one class $75.00 for each additional class 3. Application for a statement of reasons for Registrar\u2019s decision $100.00 4. Application to appoint or change agent $150.00 5. Notice of opposition $250.00 6. Counter-statement $50.00 7. Application to renew or restore a trade mark $200.00 $300.00 for late renewal $350.00 for restoration The Trade Marks Regulations, 2017 8. Request to divide a series mark registered on the old register $100.00 9. Application to amend regulations governing the use of a collective mark or certification mark $100.00 10. Application to amend a trade mark application $100.00 11. Change of owner\u2019s name or address $150.00 12. Application to record a transfer of ownership $100.00 13. Application to record, amend or terminate a licence $100.00 14. Application to record, amend or terminate a security interest $100.00 15. Notice to surrender a registration No fee 16. Application to revoke a registered trade mark $250.00 17. Application for a declaration of invalidity $250.00 18. Regulations governing the use of a collective or certification mark $250.00 19. Request for a certified copy $100.00 20. Request to rectify registry No fee The Trade Marks Regulations, 2017 21. Request for withdrawal of application No fee 22. Notice of appeal to the Appeals Tribunal $250.00 23. Request for extension of time $100.00 24. Application to be licenced by Registrar as a registered agent $200.00 25. Penalty for failure to appoint an agent within 180 days $100.00 26. Annual fee $200.00 for one class $100.00 for each additional class 27. Late payment of annual fee (for each year of default) $100.00 (in aggregate, per trade mark, irrespective of the number of classes registered) 28. Search fee $50.00 29. Registered agent annual fee: number of registered trade marks as at 31st December Under 10:        $200 10-99:              $500 100-249:       $1,000 250-499:       $1,500 500 & more  $2,000 30. Gazette publication fee $50 The Trade Marks Regulations, 2017 SCHEDULE 2 (Regulation 4) INDEX AND FORMS Index Form Number Name Regulation(s) H1 Notice of hearing attendance TM1 Application to register a trade mark, collective mark or certification mark 16(1) TM2 Application for statement of reasons for  Registrar\u2019s decision 89(2) TM3 Application to appoint or change of agent 10(1) TM4 Notice of opposition 29(1) 30(1) 35(1) 38(1) 46(1) 69(4) 73(2)(a) TM5 Counter-statement 30(1) 49(1) 59(1) TM6 Application to renew or restore a trade mark 42(1) TM8 Application to amend regulations governing the use of Collective Mark or Certification Mark 69(1) The Trade Marks Regulations, 2017 TM9A Application to amend trade mark application 16(4) TM9B Change of owner\u2019s name or address 16(7) TM10 Application to record a transfer ownership 45(a) 45(d) 45(e) 45(f) TM11 Application to record, amend or terminate a license 45(b) TM12 Application to record, amend or terminate a security interest 45(c) TM13 Notice to surrender a registration TM14 Application to revoke a registered trade mark TM15 Application for a declaration of invalidity 58(1) TM16 Regulations governing the use of collective or certification mark TM17 Request for a certified copy TM18 Request for information TM19 Request to rectify the register 76(1) TM20 Request for withdrawal of application 77(1) TM21 Notice of appeal to Appeals Tribunal 91(1) TM22 Request for an extension of time 91(2) TM23 Registration of registered agent 10(4) TM24 Request to be removed as registered agent 11(1) The Trade Marks Regulations, 2017 Forms The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 The Trade Marks Regulations, 2017 SCHEDULE 3 (Regulations 37, 56, 66, 88) Costs in proceedings before the Registrar Task Cost 1. Preparing a statement and considering the other side\u2019s statement From $200 to $600 depending on the nature of the statements, for example their complexity and relevance. 2. Preparing evidence and considering and commenting on the other side's evidence From $500 if the evidence is light to $4000 if the evidence is substantial. The award could go above this range in exceptionally large cases but will be cut down if the successful party had filed a significant amount of unnecessary evidence. 3. Preparing for and attending a hearing Up to $1500 per day of hearing, capped at $5000 for the full hearing unless one side has behaved unreasonably. From $300 to $600 for preparation of submissions, depending on their substance, if there is no oral hearing. 4. Expenses (a) Official fees arising from the action and paid by the successful party (other than fees for extensions of time). (b) The reasonable travel and accommodation expenses for any witnesses of the successful party required to attend a hearing for cross examination. Off scale costs 5. The Registrar has the ability to award costs off the scale, approaching full compensation, to deal proportionately with wider breaches of rules, delaying tactics or other unreasonable behaviour. The overriding factor in determining unreasonable behaviour is that the Registrar should act judicially in all the facts The Trade Marks Regulations, 2017 of a case. A party having lost, is not in and of itself indicative of unreasonable behaviour. 6. The amount awarded in cases of unreasonable behaviour should be commensurate with the extra expenditure a party has incurred as the result of unreasonable behaviour on the part of the other side. 7. Any claim for cost approaching full compensation or for \u201cextra costs\u201d will need to be supported by a bill itemizing the actual costs incurred. 8. Depending on the circumstances the Registrar may also award costs below the minimum indicated by the standard scale. Costs arising from interlocutory or preliminary hearings 9. The Registrar will always consider dealing with costs as the cause of them arises, either by specifically making no award if the issues were fairly well balanced or by making an award to the successful party. Conditional fee arrangements 10. If one of the parties in dispute before the Registrar has agreed a conditional fee arrangement (\\\"CFA\\\") with their legal representative, any \\\"success fee\\\" will not be taken into account when assessing costs. If the normal scale is applied, there will be no uplift to take account of any CFA. Even when off-scale costs are awarded, the amount will be assessed using the usual principles for assessing offscale costs, and the amount will not be affected by the existence of a CFA. 11. A party does not need to provide information about any CFA in relation to proceedings before the Registrar. SCHEDULE 4 (Regulation 95) Alteration of time limits The Trade Marks Regulations, 2017 Regulation 29(1) (filing notice of opposition) Regulation 30(1) (counter-statement in opposition proceedings) Regulation 69(4) (opposition to amendment of regulations of collective and certification marks) Regulation 41 (renewal of registration) Regulation 42(1) (late renewal) Regulation 43 (restoration of registration) Regulation 49(1) (counter-statement for revocation) Regulation 59(1) (counter-statement for invalidity) Regulation 73(2)(a) (opposition to removal of matter from Register) Regulation 95(4) (period for making a retrospective request to extend a flexible time period) Made in Cabinet the 17th day of May, 2017. 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Citation\n2. Definitions\n3. Fees\n4. Forms and directions of the Registrar\n5. Delivery of documents by post and courier\n6. Delivery of documents by electronic means\n7. Delay in communication services\n8. Address\n9. Address for service\n10. Registered Agents\n11. Removal as Registered Agent\nPART 2 - REGISTRABLE TRADE MARKS\n12. Unacceptable applications\n13. Prohibited material\n14. Representation of actual person\nPART 3 - PROCEDURE ON APPLICATION FOR REGISTRATION\n15. Classification of goods and services\n16. Application for registration\n17. Representation of mark; section 13(2)(f)\n18. Specimens of trade marks in exceptional cases\n19. Transliteration and translation\nPART 4 - PROCEDURE ON RECEIPT OF APPLICATION\n20. Search\n21. Acceptance: absolute or conditional\n22. Registrar\u2019s objections\n23. Registrar\u2019s conditions\n\nThe Trade Marks Regulations, 2017\n\n4\n24. Decision of the Registrar\n25. Disclaimer\n26. Notice of non-completion\n27. Applications to be published in the Gazette\n28. Observations on applications to be sent to applicant\nPART 5 - OPPOSITION TO REGISTRATION\n29. Notice of opposition\n30. Counter-statements\n31. Copy of counter-statement to be sent to opponent\n32. Opponent submitting evidence\n33. Reply by opponent\n34. Notice of hearing\n35. Extension of time in opposition proceedings\n36. Suspension of opposition proceedings\n37. Opposition: cost of proceedings\n38. Notice of opposition: security for costs\nPART 6 - ENTRY IN THE REGISTER, RENEWAL AND\nREGISTRABLE TRANSATIONS\n39. Entry of trade mark\n40. Certificate of registration\n41. Renewal of registration\n42. Late renewal of registration\n43. Restoration of registration; section 20(8)(b)\n44. Gazette notice of renewal, late renewal and restoration and renewal\n45. Entry in the Register of particulars of registrable transactions\n46. Removal of matter from Register\nPART 7 - SURRENDER, REVOCATION AND INVALIDITY\n47. Surrender\n48. Application for revocation\n49. Revocation: counter-statements\n50. Application for revocation: evidence rounds\n51. Proprietor submitting evidence\n52. Application for revocation: reply\n53. Notice of hearing\n54. Extension of time in revocation proceedings\n55. Suspension of revocation proceedings\n56. Revocation: costs of proceedings\n57. Application for revocation: security for costs\n58. Application for invalidation; section 45\n59. Invalidity: counter-statements\n60. Application for a declaration of invalidity: evidence rounds\n\nThe Trade Marks Regulations, 2017\n\n5\n61. Proprietor to submit evidence\n62. Declaration of invalidity: reply\n63. Notice of hearing\n64. Extension of time in invalidation proceedings\n65. Suspension of invalidation proceedings\n66. Invalidation: costs of proceedings\n67. Declaration of invalidity: security for costs\nPART 8 - COLLECTIVE AND CERTIFICATION MARKS\n68. Filing of regulations for collective and certification marks: Schedules 1\nand 2 of the Law\n69. Amendment of regulations of collective and certification marks;\nSchedule 1 and Schedule 2 of the Law\n\nPART 9 - THE REGISTER\n70. Public inspection of Register; section 6(3)\n71. Supply of certified copies, etc.; section 6(3)\n72. Request for change of name or address in Register\n73. Removal of matter from the Register; sections 39(5)(b) and 9(4)\n74. Confidential documents\n75. Information about application and registered trade marks; section 34\n76. Procedure on application for rectification or correction of the Register;\nsection 9\n77. Withdrawal, restriction or amendment application; section 17\nPART 10 - THE REGISTRAR\n78. Applications to the Court: service on the Registrar\n79. Copy of Court order for Registrar\n80. Registrar may publish Court order\n81. General powers of Registrar in relation to proceedings\n82. Translations\n83. Decisions of Registrar to be taken after hearing\n84. Evidence in proceedings before the Registrar\n85. Registrar to have power of the Clerk of the Grand Court\n86. Hearings before Registrar to be in public\n87. Registrar may award costs\n88. Security for costs: section 70(1)(t)\n89. Decision of Registrar\nPART 11 - APPEALS\n90. Decisions subject to appeal: section 58\n91. Appeal to Appeals Tribunal; section 58\n92. Hearing and determination of appeal; section 58(8)\n\nThe Trade Marks Regulations, 2017\n\n6\nPART 12 - GENERAL\n93. Correction of irregularities in procedure\n94. Interrupted day\n95. Alteration of time limits\n96. Publication fee\nSchedule 1 - Fees\nSchedule 2 - Index and Forms\nSchedule 3 - Cost in proceedings before the Registrar\nSchedule 4 - Alteration of time limits\n\nThe Trade Marks Regulations, 2017\n\n7\nCAYMAN ISLANDS\n\nTHE TRADE MARKS LAW, 2016\n(LAW 31 OF 2016)\n\nTHE TRADE MARKS REGULATIONS, 2017\n\nIn exercise of the powers conferred by section 70 of the Trade Marks Law, 2016\n(Law 31 of 2016), the Cabinet makes the following Regulations -\nPART 1 - INTRODUCTORY\n1.\n(1) These Regulations may be cited as the Trade Marks Regulations, 2017.\n(2) These Regulations shall come into force immediately after the coming\ninto force of the Trade Marks Law, 2016.\n2.\n(1) In these regulations -\n\u201cagent\u201d means a registered agent;\n\u201cGazette\u201d means the Cayman Islands Gazette (Intellectual Property) published\nfrom time to time;\n\u201cNice Agreement\u201d means the Nice Agreement concerning the International\nClassification of Goods and Services for the Purposes of the Registration Marks\nof 15th June 1957 as amendment from time to time;\n\u201cNice Classification\u201d means the system of classification under the Nice\nAgreement as varies from time to time;\n\u201cspecification\u201d means the designation of goods or services in respect of which\na trade mark is registered or proposed to be registered; and\n\u201cstatement of truth\u201d means a statement that the person producing the document\nthat includes the statement believes the matters stated as facts in the document\nto be true.\nCitation\nDefinitions\n\nThe Trade Marks Regulations, 2017\n\n8\n(2) In these regulations, a reference to the filing of an application, notice\nor other document, unless the contrary intention appears, is to be construed as a\nreference to it being delivered to the Registrar.\n3.\nFees shall be the fees set out in Schedule 1 and shall accompany the relevant\nform.\n4.\nAny forms referred to in these regulations and set out in Schedule 2 may be\nmodified in such a manner as the Registrar may direct to meet such cases as may\nbe specified.\n5.\n(1) An application, notice or other document authorised or required by\nthe Law to be sent to the Registrar may be sent by post or courier.\n(2) It is sufficient proof of delivery to show that the application, notice or\nother document was properly addressed and sent by post or courier.\n6.\n(1) The Registrar may permit, as an alternative to sending by post or\ncourier, the filing of the application, notice or other document by electronic\nmeans subject to such conditions as the Registrar may specify by way of -\n(a)\nnotice published in the Gazette; or\n(b) written notice to a specific person who wishes to file an\napplication, notice or other document by electronic means.\n(2) The Registrar may permit, as an alternative to sending by post or\ndelivery of the application, notice, or other document in legible form the filing of\nthe application, notice or other document by electronic means subject to such\nterms and conditions as the Registrar may specify, either by notice published in\nthe Gazette or, in a particular case, by written notice to the person desiring to file\nany such documents by such means.\n(3) Where regulation (2) applies, delivery of the application, notice, or\nother document in legible form may be satisfied by delivery of it in the form of an\nelectronic record subject to section 8 of the Electronic Transactions Law (2003\nRevision).\n(4) The Registrar may deliver a document to a person in the form of an\nelectronic record subject to section 8 of the Electronic Transactions Law (2003\nRevision).\n(5) Where an electronic record is transmitted by electronic means, the time\nat which it is sent and received shall be in accordance with section 17 of the\nElectronic Transactions Law (2003 Revision).\nFees\nSchedule 1\nForms and directions of\nthe Registrar\nSchedule 2\nDelivery of documents\nby post and courier\nDelivery of documents\nby electronic means\n(2003 Revision)\n\nThe Trade Marks Regulations, 2017\n\n9\n(6) In this regulation, \u201celectronic\u201d and \u201celectronic record\u201d have the same\nmeaning as in section 2 of the Electronic Transactions Law (2003 Revision).\n7.\n(1) The Registrar shall extend any time limit in these regulations where\nthe Registrar is satisfied that the failure to act in accordance with the Law was\nwholly or mainly attributed to a delay in, or failure of, a communication service.\n(2) Any extension under paragraph (1) shall be -\n(a)\nmade after giving the parties such notice; and\n(b) subject to such conditions,\nas the Registrar may direct.\n(3) For the purpose of this regulation, \u201ccommunication service\u201d means a\nservice by which documents may be sent and delivered and includes post,\nfacsimile, email and courier.\n8.\nWhere any person is bound to furnish the Registrar with an address, such\naddress shall be sufficient in all respects to enable the delivery of any document\nto that person.\n9.\nFor the purposes of any proceedings, the address for service shall be the\naddress of the agent appointed under section 60(1) of the Law.\n10. (1) Except as otherwise required by these Regulations, any application,\nrequest or notice which is required or permitted by the Law or these Regulations\nto be made or given to the Registrar and all other communications between an\napplicant or a person making such a request or giving such a notice and the\nRegistrar or any other person, shall be signed, made or given by an agent\nauthorised under section 60(1) of the Law.\n(2) Where a person appoints an agent for the first time or appoints one\nagent in substitution for another, such appointed agent shall file the relevant form\nin Schedule 2 on the condition that, in the case of a substitution of one agent for\nanother, the newly appointed agent shall also notify the previously appointed\nagent of the appointment.\n(3) In the event of an appointment under paragraph (2), service upon the\nagent of any document relating to the matter shall be deemed to be service upon\nthe principal, and all communications directed to be made to the principal in\nrespect of the matter may be addressed to the registered agent, and all attendance\nbefore the Registrar relating thereto may be made through such agent.\nDelay in communication\nservice\nAddress\nAddress for service\nRegistered agents\n\nThe Trade Marks Regulations, 2017\n\n10\n(4) A request to be licensed by the Registrar as a registered agent shall be\nfiled on the relevant form in Schedule 2 and accompanied by the relevant fee set\nout in Schedule 1.\n(5) In respect of any transaction, the Registrar may refuse to recognise as\nagent -\n(a)\nan individual whose name has been erased from and not restored\nto, or who is suspended from, the Register of trade mark agents\non the ground of misconduct;\n(b) a person who is found by the Grand Court to have been guilty of\nsuch conduct as would, in the case of an individual registered in\nthat Register, render that person liable to have their name erased\nfrom it on the ground of misconduct; or\n(c) a partnership or body corporate of which one of the partners or\ndirectors is a person whom the Registrar could refuse to\nrecognise under paragraph (a) or (b).\n(6) A registered agent shall pay the annual fee as set out in Schedule 1.\n(7) If the annual fee and penalty are not paid by 31st December the\nRegistrar may remove the name of the registered agent from the register of\nagents.\n(8) A registered agent who defaults in paying the annual fee shall incur a\npenalty of -\n(a) 33.33 per cent of the annual fee specified in Schedule1 if the fee\nand penalty are paid between 1stApril and 30th June;\n(b) 66.67 per cent of the annual fee specified in Schedule 1 if the fee\nand penalty are paid between 1st July and the 30th September; and\n(c) 100 per cent of the annual fee specified in Schedule 1 if the fee\nand penalty are paid between the 1st October and the 31st\nDecember.\n11. (1) An application to be removed as the registered agent of a proprietor\nshall be made on the form set out in Schedule 2 and accompanied by the fee.\n(2) The Registrar shall inform the respective proprietor of any application\nfor removal as registered agent.\n(3) Where a trade mark is scheduled to be removed from the Register for\nfailure of the proprietor to appoint an agent, the Registrar shall cause this fact to\nbe published by way of the Gazette.\nRemoval of registered\nagent\n\nThe Trade Marks Regulations, 2017\n\n11\n\nPART 2 - REGISTRABLE TRADE MARKS\n12. (1) The Registrar may refuse to accept an application for the\nregistration of a trade mark upon which any of the following appear -\n(a)\nthe words \"patent\", \"registered\", \"registered design\", \"copyright\",\n\"To counterfeit this is a forgery\", or words to like effect;\n(b) representations of Her Majesty or any member of the Royal\nFamily, or any colourable imitations thereof;\n(c)\nthe words \"Red Cross\" or \"Geneva Cross\", and representations of\nthe Geneva and other crosses in red, or of the Swiss Federal\nCross in white on a red ground or silver on a red ground, or such\nrepresentations in a similar colour or colours; or\n(d) the words \"Red Crescent\" or \"Red Lion and Sun\" and\nrepresentations of the red crescent moon, or red lion and sun, on\na white or silver ground.\n(2) Where there appears in a trade mark the registration of which is\napplied for a representation of a cross or crescent moon in any colour, not being\none of those referred to in paragraphs (1)(c) or (d), the Registrar may require the\napplicant as a condition of acceptance to undertake not to use the cross or\ncrescent moon device in red, or (in the case of the cross device only) in white\non a red ground, or in any similar colour or colours.\n13. The following features shall not appear on a trade mark for which an\napplication for registration is made, unless it appears to the Registrar that consent\nhas been given by or on behalf of the respective Government or international\norganisation -\n(a)\nrepresentations of the Royal or Imperial Arms, or the Arms of the\nCayman Islands, crests, armorial bearings or insignia, the Coat of\nArms of any state or other division of any country or territory of\nany country or devices so nearly resembling any of the foregoing\nas to be likely to be mistaken for them;\n(b) representations of the Royal or Imperial Crowns, insignia of\nRoyalty and International Organisations, or the Royal, Imperial\nor National flags or of the flag of the Cayman Islands or of any\nflag of any state or other division of any country or territory of\nany country;\n(c)\nany words, such as \"Royal\" or \"Imperial\", or any letters or\ndevices if used in such a manner as to be likely to lead persons to\nthink that the applicant either has or recently has had Royal\npatronage or authorisation, whether or not such be the case.\nUnacceptable\napplications\nProhibited material\n\nThe Trade Marks Regulations, 2017\n\n12\n14. Where the name or representation of any person appears on a trade mark,\nthe Registrar shall before proceeding to register the mark, be furnished with\nconsent from the person or, in the case of a person deceased, from the legal\nrepresentative, and in default of such consent the Registrar shall refuse to\nregister the mark.\nPART 3 - PROCEDURE ON APPLICATION FOR REGISTRATION\n15. (1) The prescribed system of classification for the purposes of the\nregistration of trade marks is the Nice Classification.\n(2) When a trade mark is registered it shall be classified according to the\nversion of the Nice Classification that was in effect on the date of the application\nfor registration.\n16. (1) An application to the Registrar for the registration of a trade mark shall\nbe filed on the relevant form in Schedule 2 signed by the applicant or the\nregistered agent.\n(2) An application for registration shall be for the registration of the trade\nmark in respect of goods or services in one or more classes in accordance with\nthe Nice Classification and shall specify -\n(a)\nthe class or classes of goods or services to which the application\nrelates; and\n(b) a clear description, appropriate to the respective class, of the\ngoods or services in respect of which the trade mark is proposed\nto be registered.\n(3) If the application relates to more than one class in the Nice\nClassification, the specification contained in it shall set out the classes in\nconsecutive numerical order and the specification of the goods or services shall\nbe grouped accordingly.\n(4) If the specification contained within the application lists the goods or\nservices item by reference to a class in the Nice Classification in which it does\nnot fall, the applicant may request, by filing the relevant form in Schedule 2 that\nthe application be amended to include the appropriate class for the item, and upon\nthe payment of the appropriate class fee the Registrar shall amend the application\naccordingly.\n(5) In the case of an application for registration in respect of all the goods\nor services included in a class, or of a large variety of goods or services, the\nRepresentation of actual\nperson\nClassification of goods\nand services\nApplication for\nregistration\n\nThe Trade Marks Regulations, 2017\n\n13\nRegistrar may refuse to accept the application unless the Registrar is satisfied that\nthe specification is justified by the use of the mark which the applicant has made,\nor intends to make if and when it is registered.\n(6) On receipt of the application the Registrar shall furnish the applicant\nwith an acknowledgment therefor.\n17. (1) The representation included with an application for registration of a\ntrade mark shall depict the trade mark clearly and in sufficient detail to permit a\nproper examination to be made of the trade mark and shall be of a kind and\nquality that is suitable for reproduction and registration.\n(2) The Registrar, if dissatisfied with any representation of a mark, may at\nany time require another representation satisfactory to the Registrar to be\nsubstituted before proceeding with the application.\n18. (1) The Registrar may require, where a drawing or other representation or\nspecimen cannot be given in the manner referred to in regulation 17, a specimen\ncopy of the trade mark to be sent either of full size or on a reduced scale, and in\nsuch form as the Registrar may think most convenient.\n(2) The Registrar may in exceptional cases, deposit in the Registry a\nspecimen or copy of a trade mark which cannot conveniently be shown by a\nrepresentation, and may refer to this specimen or copy in the Register in such\nmanner as the Registrar may think fit.\n19. (l)\nWhere a trade mark contains a word or words in characters other than\nthe characters in the Roman alphabet, there shall, unless the Registrar otherwise\ndirects, be endorsed on the application form, a sufficient transliteration and\ntranslation, to the satisfaction of the Registrar, of each of such words, and every\nsuch endorsement shall state the language to which the word belongs and shall be\nsigned by the applicant or the agent.\n(2) Where a trade mark contains a word or words in a language other than\nEnglish, the Registrar may ask for an accurate translation thereof together with\nthe name of the language, and the translation shall be endorsed and signed by the\nregistered agent.\nPART 4 - PROCEDURE ON RECEIPT OF APPLICATION\n20. (1) Upon receipt of an application for the registration of a trade mark in\nrespect of any goods or services, the Registrar shall cause a search to be made of\nRepresentation of mark;\nsection 13(2)(f)\nSpecimens of trade\nmarks in exceptional\ncases\nTransliteration and\ntranslation\nSearch\n\nThe Trade Marks Regulations, 2017\n\n14\nthe registered marks and pending applications, for the purpose of ascertaining\nwhether there are on record, in respect of the same goods or services or\ndescription of goods or services, any marks identical with the mark applied for, or\nso nearly resembling it so as to render the mark applied for likely to deceive or\ncause confusion.\n(2) Where, following any search under paragraph (1) it appears to the\nRegistrar that there may be relative grounds for refusal of the registration under\nsection 25 of the Law, the Registrar shall notify this fact to -\n(a)\nthe applicant\u2019s agent; and\n(b) the agent of the proprietor of the earlier right.\n21. After consideration of the application, and of any evidence of use or of\ndistinctiveness or of any other matter which the applicant may furnish or be\nrequired to furnish, the Registrar may accept the application absolutely, object to\nit, or may accept it subject to such conditions, amendments, disclaimer,\nmodifications or limitations as the Registrar may determine in accordance with\nsection 33 of the Law.\n22. If the Registrar objects to the application, the Registrar shall inform the\napplicant of the objections in writing, and unless the applicant applies for a\nhearing or makes a reply in writing to those objections within sixty days of being\nnotified, the applicant shall be deemed to have withdrawn the application.\n23. (1) If the Registrar is willing to accept the application subject to any\nconditions, amendments, disclaimer, modifications or limitations, the Registrar\nshall communicate this to the applicant in writing, and, if the applicant objects to\nsuch conditions, amendments, disclaimer, modifications or limitations, the\napplicant shall within sixty days of the date of the communication apply for a\nhearing or communicate considered objections in writing, and if the applicant\ndoes not do so the applicant shall be deemed to have withdrawn the application.\n(2) If the applicant does not object to such conditions, amendments,\ndisclaimer, modifications or limitations referred to in paragraph (1), the applicant\nshall within sixty days of the date of the communication, notify the Registrar in\nwriting, and alter the application accordingly.\n(3) Where an application for the registration of a trade mark is altered\nunder paragraph (1), the publication fee under regulation 96 shall be payable by\nthe applicant.\n24. (1) The decision of the Registrar -\n(a)\npursuant to the hearing under regulation 22 or 23; or\nAcceptance: absolute or\nconditional\nRegistrar\u2019s objections\nRegistrar\u2019s conditions\nDecision of the Registrar\n\nThe Trade Marks Regulations, 2017\n\n15\n(b) where the applicant has communicated the considered objections\nor reply in writing in accordance with regulation 23(1), and the\nreply has stated that there is no desire to be heard,\nshall be communicated to the applicant in writing.\n(2) The date on which the Registrar\u2019s decision is sent to the applicant shall\nbe deemed to be the date of the Registrar\u2019s decision for the purpose of an appeal.\n25. The Registrar may, where the trade mark contains words or devices that are\ndescriptive of the goods or services applied for, direct the applicant to insert in an\napplication such disclaimer as the Registrar may think fit, to make it clear -\n(a)\nthat the applicant does not claim an exclusive right to the\ndescriptive word or device; and\n(b) the extent of the applicant\u2019s rights in relation to the descriptive\nword or device, if the mark is registered.\n26. Notice of non-completion of an application to register a trade mark\nshall be given by the Registrar, pursuant to section 15(6) of the Law, to the\napplicant\u2019s agent.\n27. Where an application for registration is accepted and there is no\nrepresentation of the trade mark included in the publication of the application, the\nRegistrar shall refer in the Gazette to the place where a specimen or\nrepresentation of the trade mark is deposited for exhibition.\n28. The Registrar shall send to the applicant a copy of any document containing\nobservations made under section 16(4) of the Law within twenty-one days of\nreceipt.\nPART 5 - OPPOSITION TO REGISTRATION\n29. (1) Notice of opposition to the registration of the trade mark under\nsections 16(2) and (3) to which the publication relates, shall be given on the\nappropriate form set out in Schedule 2.\n(2) If registration is opposed on the ground that the mark resembles any\nmark or marks already on the Register, the numbers of such marks and the\nnumbers of the Gazette in which they have been published shall be set out by the\nperson giving notice.\n30. (1) Within sixty days of the date on which the Registrar sends the notice\nof opposition the applicant shall send to the Registrar a counter-statement on the\nDisclaimer\nNotice of noncompletion\nApplications to be\npublished in the Gazette\nObservations on\napplication to be sent to\napplicant\nNotice of opposition\nCounter-statements\n\nThe Trade Marks Regulations, 2017\n\n16\nappropriate form in Schedule 2 setting out the grounds on which the applicant\nrelies as supporting the application along with any facts alleged in the notice of\nopposition that are admitted.\n(2) Where the applicant fails to file a counter-statement within the relevant\nperiod, the application for registration, insofar as it relates to the goods and\nservices in respect of which the opposition is directed, shall be deemed to be\nwithdrawn unless the Registrar directs otherwise.\n31. Upon receipt of the counter-statement, the Registrar shall immediately send\na copy of the counter-statement to the opponent, and within ninety days of the\ndate on which the Registrar sends the copy of the counter-statement the opponent\nshall submit to the Registrar such evidence by way of witness statement and any\naccompanying exhibits as the opponent may desire to adduce in support of the\nopposition, and shall deliver to the applicant a copy of such evidence.\n32. (1) If an opponent submits evidence within ninety days of the date on\nwhich the opponent sends a copy of the evidence to the applicant, the applicant\nshall submit to the Registrar such evidence by way of witness statement and any\naccompanying exhibits as the applicant may desire to adduce in support of the\napplication, and shall deliver to the opponent a copy of such evidence.\n(2) If an opponent does not submit evidence within the time set out in\nregulation 31, the Registrar shall notify the applicant of the failure to submit\nevidence.\n(3) An applicant may, within ninety days of the date on which the\nRegistrar sends notification that the opponent did not file evidence in support of\nthe application, submit to the Registrar evidence by way of witness statement and\nany accompanying exhibits in support of the application and shall deliver to the\nopponent a copy of such evidence.\n33. (1) Within ninety days of the date on which the applicant sends a copy of\nthe evidence to the opponent, the opponent may file with the Registrar evidence\nby witness statement and any accompanying exhibits in reply, and shall deliver to\nthe applicant a copy of the evidence.\n(2) Evidence under paragraph (1) shall be confined to matters strictly in\nreply.\n34. (1) Upon completion of the evidence rounds the Registrar shall give notice\nto the parties of a date when the arguments in the case will be heard.\nCopy of counterstatement to be sent to\nopponent\nOpponent submitting\nevidence\nReply by opponent\nNotice of hearing\n\nThe Trade Marks Regulations, 2017\n\n17\n(2) Such appointment shall be for a date at least fourteen days after the\ndate of the notice, unless the parties consent to a shorter notice.\n(3) Within seven days of the date on which the Registrar sends such notice\nin the appropriate form set out in Schedule 2 both parties shall notify the\nRegistrar as to whether or not they wish to be heard and if neither party wishes to\nbe heard the Registrar shall notify the parties and make a determination from the\nsubmissions.\n(4) If either or both parties wish to be heard the Registrar shall re-confirm\nthe hearing date.\n35. (1) The Registrar shall not, under any circumstances, grant an extension of\ntime for the filing of a notice of opposition or a counter-statement.\n(2) The Registrar may choose, upon application supported by good\nreasons by either party, to grant any reasonable extension of time for opposition\nproceedings not mentioned in paragraph (1).\n36. (1) Upon the joint application of the parties, the Registrar shall at any time\nafter the counter-statement has been submitted, suspend the opposition\nproceedings for a period of up to twelve months.\n(2) A joint application under paragraph (1) is contingent on the parties\ntrying to negotiate an amicable settlement and supported by a statement\noutlining -\n(a)\nthe nature of the actions towards settlement taken in the period\nprior to the date of the application;\n(b) the progress made prior to the date of the application;\n(c)\nwhether outstanding issues are merely minor issues of\nclarification or whether they represent potentially significant\nbarriers to a resolution of the matter; and\n(d) when the parties expect the negotiations to be completed and the\nproceedings concluded.\n(3) The Registrar will consider further joint applications to suspend the\nopposition proceedings made upon the expiry of the first granted suspension.\n37. In any proceedings the Registrar may, by order, award to any party such\ncosts as the Registrar may consider reasonable based on the costs set out in\nSchedule 3, and direct the manner and by whom the costs are to be paid.\n\nExtension of time in\nopposition proceedings\nSuspension of\nopposition proceedings\nOpposition: cost of\nproceedings\nSchedule 3\n\nThe Trade Marks Regulations, 2017\n\n18\n38. (1) Where a party giving notice of opposition, or an applicant sending a\ncounter-statement after receipt of a copy of such notice, does not reside nor carry\non business in the Islands, the Registrar may require the agent acting for such\nparty to give a written undertaking that the relevant principal will bear the costs\nof proceedings before the Registrar and at any stage in the opposition proceedings\nthe Registrar may require further security to be given at any time before the\ndecision in the case.\n(2) The Appeals Tribunal may also require security for the costs of any\nappeal to the Appeals Tribunal from the Registrar\u2019s decision.\n(3) Where a party fails to provide security in any proceedings before the\nRegistrar, or in the case of an appeal, in any proceedings before the Tribunal, the\nRegistrar, or the Tribunal, as the case may be, may treat the party in default as\nhaving withdrawn their opposition or counter-statement.\nPART 6 - ENTRY IN REGISTER, RENEWAL AND REGISTRABLE\nTRANSACTIONS\n39. (1) As soon as may be practicable after the expiration of sixty days of the\ndate of the publication in the Gazette of any application for the registration of a\ntrade mark, the Registrar shall, subject to any opposition proceedings and the\ndetermination thereof, and in accordance with the provisions of section 18 of the\nLaw enter the trade mark in the Register.\n(2) The entry in the Register shall give the date of registration, the goods\nor services in respect of which it is registered, and all particulars specified in\nsection 13(2) of the Law.\n40. Upon the registration of a trade mark, the Registrar shall issue to the\napplicant a certificate of registration.\n41. Renewal of registration shall be effected by filing an application for renewal\non the relevant form in Schedule 2 at any time within the period of 6 months\nbefore the date of the expiration of the registration.\n42. (1) The late renewal of a registration shall be effected by filing an\napplication for renewal on the relevant form in Schedule 2 at any time within the\nperiod of 6 months beginning on the date of the expiration of the registration.\nNotice of opposition:\nsecurity for costs\nEntry of trade mark\nCertificate of\nregistration\nRenewal of registration\nLate renewal of\nregistration\n\nThe Trade Marks Regulations, 2017\n\n19\n(2) Where a request for renewal is not filed within the time period\nspecified in paragraph (1), the Registrar shall remove the mark from the Register\nand publish its removal by way of notice in the Gazette.\n43. Where the Registrar has removed the mark from the Register in accordance\nwith regulation 42(2) the Registrar may, following receipt of an application filed\non the relevant form in Schedule 2 and the respective fee, restore the mark to the\nRegister and renew its registration.\n44. (1) Upon the renewal, late renewal, or restoration and renewal, of a\nregistration, a notice to that effect shall be sent to the registered proprietor, and\nthe renewal, late renewal, or restoration and renewal, shall be published in the\nGazette.\n(2) Where any notice of a renewal under paragraph (1) is to be published\nin the Gazette, the publication fee in regulation 96 shall be payable by the\nregistered proprietor.\n45. Upon application made to the Registrar on the relevant form in Schedule 2\nby such person as is mentioned in section 39(1)(a) or (b) of the Law there shall be\nentered in the Register in respect of each trade mark the following particulars of\nregistrable transactions together with the date on which the entry is made -\n(a)\nin the case of an assignment of a registered trade mark or any\nright in it -\n(i)\nthe name and address of the assignee;\n(ii) the date of the assignment; and\n(iii) where the assignment is in respect of any right in the mark,\na description of the right assigned;\n(b) in the case of the grant of a licence under a registered trade mark-\n(i)\nthe name and address of the licensee;\n(ii) where the licence is an exclusive licence, that fact;\n(iii) where the licence is limited, a description of the limitation;\nand\n(iv) the duration of the licence if the duration is for a definite\nperiod;\n(c)\nin the case of the grant of any security interest over a registered\ntrade mark or any right in or under it -\n(i)\nthe name and address of the grantee;\n(ii) the nature of the interest (whether fixed or floating); and\n(iii) the extent of the security and the right in or under the mark\nsecured;\n(d) in the case of the making by personal representatives of an assent\nin relation to a registered trade mark or any right in or under it -\nRestoration of\nregistration; section\n20(8)(b)\nGazette notice of\nrenewal, late renewal\nand restoration and\nrenewal\nEntry in the Register of\nparticulars of registrable\ntransactions\n\nThe Trade Marks Regulations, 2017\n\n20\n(i)\nthe name and address of the person in whom the mark or\nany right in or under it vests by virtue of the assent; and\n(ii) the date of the assent;\n(e)\nin the case of a court or other competent authority transferring a\nregistered trade mark or any right in or under it -\n(i)\nthe name and address of the transferee;\n(ii) the date of the order; and\n(iii) where the transfer is in respect of a right in the mark, a\ndescription of the right transferred;\n(f)\nin the case of any registered transmission by way of testamentary\ndisposition or operation of law other than assignment -\n(i)\nthe name and address of the person and a description of the\nperson claiming to be entitled (if a partnership, the full\nname of each of the partners);\n(ii) a copy of the instrument under which the person claims; and\n(iii) where the transfer is in respect of a right in the mark, a\ndescription of the right transferred; and\n(g) in the case of any amendment of the registered particulars\nrelating to a licence under a registered trade mark or a security\ninterest over a registered trade mark or any right in or under it,\nparticulars to reflect such amendment.\n46. (1) Where it appears to the Registrar that any matter in the Register has\nceased to have effect, before removing it from the Register -\n(a)\nthe Registrar may publish in the Gazette the fact that it is\nintended to remove that matter; and\n(b) where any person appears to the Registrar to be affected by the\nremoval, notice of the intended removal shall be sent to that\nperson.\n(2) Within sixty days of the date on which the intention to remove the\nmatter is published, or notice of the intended removal is sent, as the case may be -\n(a)\nany person may file notice of opposition to the removal on the\nrelevant form in Schedule 2; and\n(b) the person to whom a notice is sent under paragraph (1)(b) may\nfile objections in writing, if any, to the removal.\n(3) If the Registrar is satisfied, after considering any objections or\nopposition to the removal, that the matter has not ceased to have effect then the\nRegistrar shall not remove it.\n(4) Where there has been no response to the Registrar\u2019s notice the\nRegistrar may remove the matter.\nRemoval of matter from\nRegister\n\nThe Trade Marks Regulations, 2017\n\n21\n(5) Where representations objecting to the removal of the matter have\nbeen made, the Registrar may remove it, or the appropriate part of it, if after\nconsidering the objections the Registrar is of the view that the matter, or any part\nof it, has ceased to have effect.\nPART 7 - SURRENDER, REVOCATION AND INVALIDITY\n47. (1) Subject to paragraph (2), the proprietor may surrender a registered\ntrade mark in respect of all the goods or services for which it is registered or in\nrespect only of those goods or services specified by the proprietor by sending\nnotice to the Registrar on the relevant form in Schedule 2.\n(2) A notice under paragraph (1) shall be of no effect unless the proprietor\nin that notice -\n(a)\ngives the name and address of any person having a registered\ninterest in the mark; and\n(b) certifies that any such person -\n(i)\nhas been sent at least three months\u2019 notice of the\nproprietor\u2019s intention to surrender the mark; or\n(ii) is not affected or, if affected, consents to the surrender.\n(3) The Registrar shall, upon receiving the notice under paragraph (1),\nmake the appropriate entry in the Register and publish the date of receipt of the\nsurrender in the Gazette.\n(4) The surrender takes effect from the date of publication in the Gazette.\n48. (1) An application to the Registrar for revocation of a trade mark under\nsection 44 of the Law, on the grounds set out in section 44(1)(a) or (b), shall be\nmade on the relevant form in Schedule 2 and shall include a statement of the\ngrounds on which the application is made and be accompanied by a statement of\ntruth.\n(2) The Registrar shall send a copy of the form referred to in paragraph (1)\nand the statement of the grounds on which the application is made to the\nproprietor.\n49. (1) Within sixty days of the date on which the Registrar sends a copy of\nthe form referred to in regulation 48(1) and the statement of the grounds to the\nproprietor, the proprietor shall send to the Registrar a counter-statement on\nt h e  relevant form in Schedule 2 setting out the grounds on which the proprietor\nrelies.\nSurrender\nApplication for\nrevocation\nRevocation: counterstatements\n\nThe Trade Marks Regulations, 2017\n\n22\n(2) If the Registrar does not receive a counter-statement, the Registrar may\nconsider this as an indication that the proprietor is not contesting the application\nfor revocation and the registration of the mark shall, unless the Registrar directs\notherwise, be revoked.\n(3) The Registrar shall send a copy of the counter-statement on t h e\nrelevant form in Schedule 2 to the applicant.\n50. Within ninety days of the date on which the Registrar sends the copy of\nthe counter-statement, the applicant shall submit to the Registrar such\nevidence by way of witness statement and any accompanying exhibits as the\napplicant may desire to adduce in support of the application for revocation, and\nshall deliver to the proprietor a copy of such evidence.\n51. (1) If the applicant submits evidence in accordance with regulation 50,\nwithin ninety days of the date on which the applicant sends a copy of the\nevidence to the proprietor, the proprietor shall submit to the Registrar such\nevidence by way of witness statement and any accompanying exhibits as the\nproprietor may desire, and shall deliver to the applicant a copy of such evidence.\n(2) If an applicant does not submit evidence within the time-frame\nprescribed under regulation 50 the applicant, shall, unless the Registrar otherwise\ndirects, be deemed to have withdrawn the application.\n(3) The Registrar shall notify the proprietor of any direction given under\nparagraph (2).\n52. Within ninety days of the date on which the proprietor sends a copy of the\nevidence to the applicant, the applicant may file to the Registrar evidence\nby witness statement and any accompanying exhibits in reply, and shall deliver\nto the proprietor a copy of the evidence, such evidence being confined to\nmatters strictly in reply.\n53. (1) Upon completion of the evidence rounds the Registrar shall give\nnotice to the parties of a date when the arguments in the case are scheduled to be\nheard.\n(2) The hearing shall be scheduled for a date at least fourteen days after\nthe date of the notice, unless the parties consent to a shorter notice.\n(3) Within seven days of the date on which the Registrar sends such\nnotice both parties shall notify the Registrar as to whether or not they wish to be\nheard.\nApplication for\nrevocation: evidence\nrounds\nProprietor submitting\nevidence\nApplication for\nrevocation: reply\nNotice of hearing\n\nThe Trade Marks Regulations, 2017\n\n23\n(4) If neither party wishes to be heard the Registrar shall notify the parties\nof that and proceed to make a decision from the submissions.\n(5) If either or both parties wish to be heard the Registrar shall re-confirm\nthe hearing date.\n54. (1) The Registrar shall under no circumstances grant an extension of time\nfor the filing of a counter-statement.\n(2) The Registrar may choose, upon application supported by good\nreasons by either party, to grant any reasonable extension of time subject to\nparagraph (1).\n55. (1) Upon the joint application of the parties, the Registrar shall at any time\nafter the counter-statement has been submitted, suspend the revocation\nproceedings for a period of up to twelve months.\n(2) The joint application shall be requested on the basis that the parties are\ntrying to negotiate an amicable settlement and supported by a statement\noutlining -\n(a)\nthe nature of the actions towards settlement taken in the period\nprior to the date of the application;\n(b) the progress made prior to the date of the application;\n(c)\nwhether outstanding issues are merely minor issues of\nclarification or whether they represent potentially significant\nbarriers to a resolution of the matter; and\n(d) when the parties expect the negotiations to be completed and the\nproceedings concluded.\n(3) The Registrar will consider further joint applications to suspend the\nrevocation proceedings made upon the expiry of the first granted suspension.\n56. In any proceedings, the Registrar may, by order, award to any party such\ncosts as the Registrar may consider reasonable based on the costs set out in\nSchedule 3, and direct how and by what parties they are to be paid.\n57. (1) Where a party filing an application for revocation, or a proprietor\nsending a counter-statement after receipt of a copy of such application, neither\nresides nor carries on business in the Islands, the Registrar may require the agent\nacting for and on behalf of such party to give a written guarantee that such party\nwill bear the costs of proceedings before the Registrar and at any stage in the\nrevocation proceedings the Registrar may require further security to be given at\nany time before the decision in the case.\nExtension of time in\nrevocation proceedings\nSuspension of\nrevocation proceedings\nRevocation: costs of\nproceedings\nApplication for\nrevocation: security for\ncosts\n\nThe Trade Marks Regulations, 2017\n\n24\n(2) The Registrar may also require security for the costs of any appeal to\nthe Court from the Registrar\u2019s decision.\n(3) In default of such security being given, the Registrar, in the case of the\nproceedings before the Registrar, or in the case of an Appeal, the Appeals\nTribunal under section 58 of the Law may treat the party in default as having\nwithdrawn their application for revocation or counter-statement, as the case may\nbe.\n58. (1) An application to the Registrar for a declaration of invalidity of a trade\nmark under section 45 of the Law shall be made on the relevant form in Schedule\n2 and shall include a statement of the grounds on which the application is made\nand be accompanied by a statement of truth.\n(2) Where the application is based on a trade mark which has been\nregistered, there shall be included in the statement of the grounds on which the\napplication is made, a representation of that mark and -\n(a)\nthe details of the authority with which the mark is registered;\n(b) the registration number of that mark; and\n(c)\nthe goods and services in respect of which -\n(i)\nthat mark is registered; and\n(ii) the application is based.\n(3) Where the application is based on a trade mark in respect of which an\napplication for registration has been made, there shall be included in the\nstatement of the grounds on which the application is made a representation of that\nmark and those matters set out in paragraph (2)(a) through (c), with references to\nregistration being construed as references to the application for registration.\n(4) Where the application is based on an unregistered mark or other sign\nwhich the applicant claims to be protected by virtue of the law of passing off or\nany other law, there shall be included in the statement of the grounds on which\nthe application is made a representation of that mark or sign and the goods and\nservices in respect of which such protection is claimed.\n(5) The Registrar shall send a copy of the form referenced in paragraph (1)\nand the statement of the grounds on which the application for a declaration of\ninvalidity is made to the proprietor.\n59.\n(1)\nWithin sixty days of the date on which the Registrar sends to the\nproprietor a copy of the form referred to in regulation 58(1) and the statement of\nthe grounds, the proprietor shall file with the Registrar a counter-statement on\nt h e  relevant form in Schedule 2 setting out the grounds on which the proprietor\nrelies.\nApplication for\ninvalidation; section 45\nInvalidity: counterstatements\n\nThe Trade Marks Regulations, 2017\n\n25\n(2) Where the proprietor does not file a counter-statement, the Registrar\nmay treat the proprietor as not contesting the application for a declaration of\ninvalidity and the registration of the mark shall, unless the Registrar directs\notherwise, be invalidated.\n(3) The Registrar shall send a copy of the counter-statement on t h e\nrelevant form in Schedule 2 to the applicant.\n60. Within ninety days of the date on which the Registrar sends the copy of\nthe counter-statement, the applicant shall submit to the Registrar such\nevidence by way of witness statement and any accompanying exhibits as\ndesired to adduce in support of the application for a declaration of invalidity,\nand shall deliver to the proprietor a copy of such evidence.\n61. (1) If the applicant submits evidence then within ninety days of the date\non which the applicant sends a copy of the evidence to the proprietor, the\nproprietor shall submit to the Registrar such evidence by way of witness\nstatement and any accompanying exhibits desired, and shall deliver to the\napplicant a copy of such evidence.\n(2) If an applicant does not submit evidence within the time-frame\nprescribed under regulation 60 the applicant shall, unless the Registrar otherwise\ndirects, be deemed to have withdrawn the application.\n(3) The Registrar shall notify the proprietor of any direction given under\nparagraph (2).\n62. Within ninety days of the date on which the proprietor sends a copy of the\nevidence to the applicant the applicant may file with the Registrar evidence\nby witness statement and any accompanying exhibits in reply, and shall deliver\nto the p ro p rieto r a copy of the evidence, such evidence being confined to\nmatters strictly in reply.\n63. (1) Upon completion of the evidence rounds, the Registrar shall give\nnotice to the parties of the date for the hearing of the arguments.\n(2) The date for the hearing under paragraph (1) shall be at least fourteen\ndays after the date of the notice, unless the parties consent to a shorter notice.\n(3) Within seven days of the date on which the Registrar sends the\nnotice both parties shall notify the Registrar as to whether or not they wish to be\nheard.\nApplication for a\ndeclaration of invalidity:\nevidence rounds\nProprietor to submit\nevidence\nDeclaration of\ninvalidity:reply\nNotice of hearing\n\nThe Trade Marks Regulations, 2017\n\n26\n(4) If neither party wishes to be heard the Registrar shall notify the parties\nof that and proceed to make a decision from the submissions.\n(5) If either or both parties wish to be heard the Registrar shall re-confirm\nthe hearing date.\n64. (1) The Registrar shall not grant an extension of time under any\ncircumstances for the filing of a counter-statement.\n(2) The Registrar may choose, upon application supported by good\nreasons by either party to grant any reasonable extension of time for proceedings\nnot mentioned in paragraph (1).\n65. (1) Upon the joint application of the parties, the Registrar shall at any time\nafter the counter-statement has been submitted, suspend the invalidation\nproceedings for a period of up to twelve months.\n(2) The application shall be requested on the basis that the parties are\ntrying to negotiate an amicable settlement and supported by a statement\noutlining -\n(a)\nthe nature of the actions towards settlement taken in the period\nprior to the date of the application;\n(b) the progress made prior to the date of the application;\n(c)\nwhether outstanding issues are merely minor issues of\nclarification or whether they represent potentially significant\nbarriers to a resolution of the matter; and\n(d) when the parties expect the negotiations to be completed and the\nproceedings concluded.\n(3) The Registrar shall consider further joint applications to suspend the\ninvalidation proceedings made upon the expiry of the first granted suspension.\n66. In any proceedings, the Registrar may by order award to any party such\ncosts as the Registrar may consider reasonable, based on the costs set out in\nSchedule 3, and direct the manner and the date by which the costs are to be paid.\n67. (1) Where a party filing an application for a declaration of invalidity, or a\nproprietor sending a counter-statement after receipt of a copy of such application,\nneither resides nor carries on business in the Islands, the Registrar may require\nthe agent acting for and on behalf of such party to give a written guarantee that\nsuch party will bear the costs of proceedings before the Registrar and at any stage\nin the invalidity proceedings may require further security to be given at any time\nbefore the Registrar\u2019s decision in the case.\nExtension of time in\ninvalidation\nproceedings; section\n70(1)(f)\nSuspension of\ninvalidation proceedings\nInvalidation: costs of\nproceedings\nDeclaration of\ninvalidity: security for\ncosts\n\nThe Trade Marks Regulations, 2017\n\n27\n(2) The Registrar may also require security for the costs of any appeal to\nthe Appeals Tribunal from the Registrar\u2019s decision.\n(3) In default of such security being given, the Registrar, in the case of the\nproceedings before the Registrar, or in the case of an Appeal, the Appeals\nTribunal may treat the party in default as having withdrawn their application for a\ndeclaration of invalidity or counter-statement, as the case may be.\nPART 8 - COLLECTIVE AND CERTIFICATION MARKS\n68. Where an application for registration of a collective or certification mark is\nfiled, the applicant shall, within such period of not less than three months file the\nrelevant form in Schedule 2 accompanied by a copy of the regulations governing\nthe use of the mark.\n\n69. (1) An application for the amendment of the regulations governing the use\nof a registered collective or certification mark shall be filed on the relevant form\nin Schedule 2.\n(2) Where it appears to be expedient to the Registrar that the amended\nregulations should be made available to the public the Registrar shall publish a\nnotice in the Gazette indicating where copies of the amended regulations may be\ninspected.\n(3) Any person may, within two months of the date of publication of the\nnotice under paragraph (2), make observations to the Registrar on the\namendments relating to the matters referred to in paragraph 6(1) of Schedule 1 to\nthe Law in relation to a collective mark, or paragraph 7(1) of Schedule 2 to the\nLaw in relation to a certification mark and the Registrar shall send a copy of\nthose observations to the proprietor\u2019s registered agent.\n(4) Any person may, within two months of the date on which the notice\nwas published under paragraph (2), give notice to the Registrar of opposition to\nthe amendment on the relevant form in Schedule 2 which shall include a\nstatement of the grounds of opposition indicating why the amended regulations\ndo not comply with the requirements of paragraph 6(1) of Schedule 1 to the Law,\nor, paragraph 7(1) of Schedule 2 to the Law, as the case may be.\n(5) The Registrar shall send a copy of the form referred to in paragraph (4)\nto the proprietor and the procedure in regulations 29 to 38 shall apply to the\nproceedings relating to the opposition to the amendment as they apply to\nproceedings relating to opposition to an application for registration with the\nfollowing modifications -\nFiling of regulations for\ncollective and\ncertification marks;\nSchedules 1 and 2 of the\nLaw\nAmendment of\nregulations  of collective\nand certification marks;\nSchedule 1 and Schedule\n2 of the Law\n\nThe Trade Marks Regulations, 2017\n\n28\n(a)\nany reference to the applicant shall be construed as a reference to\nthe proprietor;\n(b) any reference to an application for registration shall be construed\nas a reference to an application for the amendment of the\nregulations; and\n(c)\nany reference to the person opposing the registration shall be\nconstrued as a reference to the person opposing the amendment\nof the regulations.\n(6) Where an application is made under paragraph (1), the publication fee under\nparagraph 96 is payable by the applicant.\nPART 9 - THE REGISTER\n70. (1) The Register shall be open for public inspection at the Registry during\nits hours of business.\n(2) Where any portion of the Register is kept otherwise than in\ndocumentary form, the right of inspection is a right to inspect the material on the\nRegister.\n71. The Registrar shall supply a certified copy or extract or uncertified copy or\nextract of any entry in the Register as may be requested by any person on the\nrelevant form in Schedule 2 and on the payment of the relevant fee.\n72. The Registrar shall, on a request made on the relevant form in Schedule 2\nby the proprietor of a registered trade mark or a licensee or any person having an\ninterest in or charge on a registered trade mark which has been registered (\u201cthe\napplicant\u201d), enter a change in the applicant\u2019s name or address as recorded in the\nRegister.\n73. (1)\nWhere it appears to the Registrar that any matter in the Register has\nceased to have effect, before removing it from the Register -\n(a) the Registrar may publish in the Gazette the fact that it is\nintended to remove that matter; and\n(b) where any person appears to the Registrar to be affected by the\nremoval, notice of the intended removal shall be sent to that\nperson.\n(2) Within sixty days of the date on which the intention to remove the\nmatter is published, or notice of the intended removal is sent, whichever is later in\ntime -\n(a)\nany person may file notice of opposition to the removal on the\nrelevant form in Schedule 2; and\nPublic inspection of\nRegister; section 6(3)\nSupply of certified\ncopies etc.; section 6(3)\nRequest for change of\nname or address in\nRegister\nRemoval of matter from\nRegister; sections\n39(5)(b) and 9(4)\n\nThe Trade Marks Regulations, 2017\n\n29\n(b) the person to whom a notice is sent under paragraph (1)(a) may\nfile written objections, if any, to the removal, and where such\nopposition or objections are made, regulation 29 shall apply.\n(3) If, after considering any objections or opposition to the removal, the\nRegistrar is satisfied that the matter has not ceased to have effect, the Registrar\nshall not remove it.\n(4) Where there has been no response to the Registrar\u2019s notice the\nRegistrar may remove the matter and where representations objecting to the\nremoval of the entry have been made the Registrar may, if after considering the\nobjections the Registrar is of the view that the entry or any part of it has ceased to\nhave effect, remove it or the appropriate part of it.\n74. (1) Where a document (other than a form required by the Registrar) is\nfiled at the Registry and the person filing it requests at the time of filing that it or\na specified part of it be treated as confidential and gives reasons for the request,\nthe Registrar may direct that it or part of it, as the case may be, be treated as\nconfidential, and the document shall not be open to public inspection while the\nmatter is being determined by the Registrar.\n(2) Where such direction has been given and not withdrawn, nothing in\nthis regulation shall be taken to authorise or require any person to be allowed to\ninspect the document, or any part of it to which the direction relates, except by\nleave of the Registrar.\n(3) The Registrar shall not withdraw any direction given under this\nregulation without prior consultation with the person at whose request the\ndirection was given, unless the Registrar is satisfied that such prior consultation is\nnot reasonably practicable.\n(4) The Registrar may, where the Registrar considers that any document\nissued by the Registrar should be treated as confidential, so direct, and upon such\ndirection that document shall not be open to public inspection except by leave of\nthe Registrar.\n(5) Where a direction is given under this regulation for a document to be\ntreated as confidential a record of the fact shall be filed with the document.\n75. An application in accordance with section 34 of the Law should be made on\nthe relevant form in Schedule 2.\n\nConfidential documents\nInformation about\napplication and\nregistered trade marks;\nsection 34\n\nThe Trade Marks Regulations, 2017\n\n30\n76. (1) An application for rectification of an error or omission in the Register\nunder section 9(1) of the Law shall be made on the relevant form in Schedule 2\ntogether  with -\n(a)\na statement of the grounds on which the application is made; and\n(b) any evidence to support those grounds.\n(2) Where any application is made under paragraph (1) by a person other\nthan the respective registered agent, the Registrar -\n(a)\nshall send a copy of the application and the statement, together\nwith any evidence filed, to the proprietor\u2019s registered agent; and\n(b) may give such direction with regard to the filing of subsequent\nevidence and upon such terms as the Registrar thinks fit.\n77. (1) An application to the Registrar for the withdrawal, restriction or\namendment may be made by a registered agent of the applicant, such applications\nbeing made on the relevant form in Schedule 2.\n(2) Where, pursuant to section 17 of the Law, a request is made for\namendment of an application which has been published in the Gazette the\namendment or a statement of the effect of the amendment shall also be published\nin the Gazette.\n(3) Where an application for the amendment of a trade mark is published\nunder paragraph (2), the publication fee under regulation 96 is payable by the\napplicant.\nPART 10 - THE REGISTRAR\n78. Every application made to the Court under the Law shall be served on the\nRegistrar.\n79. Where an order has been made by the Court, the person in whose favour\nthe order has been made (or, where there is more than one person, such persons\nas the Registrar may direct) shall forthwith file with the Registrar a copy of\nsuch order and the Register may thereupon be rectified or altered by the Registrar\nif the Registrar considers it necessary.\n80. Whenever an order is made by the Court, the Registrar may, if the Registrar\nis of the opinion that the order is of sufficient public interest, publish it in the\nGazette.\n81. (1) Except where the Law or these regulations otherwise provide, the\nRegistrar may give such directions as to the management of any proceedings as\nthe Registrar thinks fit, and may -\nProcedure on application\nfor rectification or\ncorrection of the\nRegister; section 9\nWithdrawal, restriction\nor amendment\napplication; section 17\nApplications to the\nCourt: service on the\nRegistrar\nCopy of Court order for\nRegistrar\nRegistrar may publish\nCourt order\nGeneral powers of\nRegistrar in relation to\nproceedings\n\nThe Trade Marks Regulations, 2017\n\n31\n(a)\nrequire a document, information or evidence to be filed within\nsuch period as the Registrar may specify;\n(b) require a translation of any document;\n(c)\nrequire a party or a party\u2019s legal representative to attend a\nhearing;\n(d) hold a hearing by telephone or by using any other method of\ndirect oral communication;\n(e)\nallow a submission to be amended;\n(f)\nstay the whole, or any part, of the proceedings either generally or\nuntil a specified date or event;\n(g) consolidate proceedings;\n(h) direct that part of any proceedings be dealt with as separate\nproceedings; or\n(i)\nexclude any evidence which the Registrar considers to be\ninadmissible.\n(2) The Registrar may control the evidence by giving directions as to -\n(a)\nthe issues on which evidence is required; and\n(b) the way in which the evidence is to be placed before the\nRegistrar.\n(3) When the Registrar gives directions under any provision of these\nregulations, the Registrar may -\n(a)\nmake them subject to conditions; and\n(b) specify the consequences of failure to comply with the directions\nor a condition.\n(4) The Registrar may at any stage of any proceedings direct that the\nparties to the proceedings attend a case management conference or pre-hearing\nreview.\n82. (1) Where any document or part thereof which is in a language other than\nEnglish is filed, the Registrar may require that there be furnished a translation\ninto English of the document or a part, verified to the satisfaction of the Registrar\nas corresponding to the original text.\n(2) The Registrar may refuse to accept any translation which the Registrar\nconsiders to be inaccurate in which event there shall be furnished to the Registrar\nanother translation of the document in question verified in accordance with\nparagraph (1).\n83. (1) Without prejudice to any provisions of the Law or these regulations\nrequiring the Registrar to hear any party to proceedings under the Law or these\nregulations, or to give such party an opportunity to be heard, the Registrar shall,\nTranslations\nDecisions of Registrar to\nbe taken after hearing\n\nThe Trade Marks Regulations, 2017\n\n32\nbefore taking any decision on any matter which is or may be adverse to any party\nto any proceedings, give that party an opportunity to be heard.\n(2) The Registrar shall give that party at least fourteen days\u2019 notice,\nbeginning on the date on which notice is sent, of the time when the party may be\nheard unless the party consents to shorter notice.\n84. (1) Subject to regulation 81(2), evidence filed in any proceedings under the\nLaw or these regulations may be given -\n(a)\nby witness statement, affidavit, statutory declaration; or\n(b) in any other form which would be admissible as evidence in\nproceedings before the Court.\n(2) A witness statement may only be given in evidence if it includes a\nstatement of truth.\n(3) Evidence at hearings is to be by witness statement unless the Registrar\nor any enactment requires otherwise.\n(4) For the purposes of these regulations, a statement of truth -\n(a)\nmeans a statement that the person making the statement believes\nthat the facts stated in a particular document are true; and\n(b) shall be dated and signed by -\n(i)\nin the case of a witness statement, the maker of the\nstatement; and\n(ii) in any other case, the party or legal representative of such\nparty.\n(5) In these regulations, a witness statement is a written statement that is\nsigned by the person making the statement and contains the evidence which that\nperson would be allowed to give orally.\n(6) Under these regulations, evidence shall only be considered filed\nwhen -\n(a)\nit has been received by the Registrar; and\n(b) it has been sent to all other parties to the proceedings.\n85. The Registrar shall have the powers of the Clerk of the Grand Court as\nregards -\n(a)\nthe attendance of witnesses and their examination on oath; and\n(b) the discovery and production of documents,\nbut the Registrar shall have no power to punish summarily for contempt.\nEvidence in proceedings\nbefore the Registrar\nRegistrar to have power\nof the Clerk of the\nGrand Court\n\nThe Trade Marks Regulations, 2017\n\n33\n86. The hearing before the Registrar of any dispute between two or more parties\nrelating to any matter in connection with an application for the registration of a\ntrade mark or an actual registered trade mark shall be in public unless the\nRegistrar, after consultation with those parties who appear in person or are\nrepresented at the hearing, otherwise directs.\n87. In any proceedings, the Registrar may, by order, award to any party such\ncosts as the Registrar may consider reasonable, based on the costs set out in\nSchedule 3, and shall direct the manner and by whom costs are to be paid.\n88. (1) The Registrar may require any person who is a party in any\nproceedings not already provided for under regulations 38, 57 or 67 to give\nsecurity for costs in relation to those proceedings; and may also require security\nfor the costs of any appeal from the Registrar\u2019s decision.\n(2) In default of such security being given, the Registrar, where the\nproceedings are before the Registrar, or in the case of an appeal, the Appeals\nTribunal may treat the party in default as having withdrawn their application,\nopposition, objection or intervention, as the case may be.\n(3) The Registrar may, at any stage before giving a decision in the\nrespective proceedings, require further security for costs to be given in relation to\nthose proceedings.\n89. (1) Subject to paragraph (2), the Registrar shall send to each party to the\nproceedings written notice of any decision made in any proceedings before the\nRegistrar stating the reasons for that decision and, for the purposes of any appeal\nagainst that decision, the date on which the notice is sent shall be taken to be the\ndate of the decision.\n(2) Where a statement of the reasons for the decision is not included in the\nnotice sent under paragraph (1), any party may, within 30 days of the date on\nwhich the notice was sent to that party, request the Registrar on the relevant form\nin Schedule 2 request that the Registrar provide a statement of the reasons for the\ndecision and upon such request the Registrar shall provide reasons, and the date\non which the reasons are sent shall be deemed to be the date of the Registrar\u2019s\ndecision for the purpose of any appeal against it.\n(3) The Registrar may publish in the Gazette any matter in relation to an\napplication, proceedings or decision under the Law where it is considered\nexpedient to do so and the publication fee under regulation 96 shall be payable.\n\nHearings before\nRegistrar to be in public\nRegistrar may award\ncosts\nSecurity for costs;\nsection 70(1)(t)\nDecision of Registrar\n\nThe Trade Marks Regulations, 2017\n\n34\nPART 11 - APPEALS\n90. (1) Except as otherwise expressly provided by these regulations, an appeal\nlies from any decision of the Registrar made under these regulations relating to a\ndispute between two or more parties in connection with a trade mark, including a\ndecision which terminates the proceedings as regards one of the parties or a\ndecision awarding costs to any party (referred to as \u201ca final decision\u201d) or a\ndecision which is made at any point in the proceedings prior to a final decision\n(referred to as \u201can interim decision\u201d).\n(2) An interim decision (including a decision refusing leave to appeal\nunder this paragraph) may only be appealed against independently of any appeal\nagainst a final decision with the leave of the Registrar.\n91. (1) Notice of appeal to the Appeals Tribunal under section 58 of the Law\nshall be filed on the relevant form in Schedule 2 which shall include the\nappellant\u2019s grounds of appeal and the case in support of the appeal.\n(2) The notice shall be filed with the Chairman and a copy filed with the\nRegistrar within the period of fourteen days of the date of the Registrar\u2019s decision\nwhich is the subject of the appeal (referred to as \u201cthe original decision\u201d).\n(3) Where any person other than the appellant was a party to the\nproceedings before the Registrar in which the original decision was made\n(referred to as \u201cthe respondent\u201d), the Registrar shall send to the respondent a copy\nof the notice and the statement and the respondent may, within the period of\ntwenty-one days of the date on which the notice and statement was sent, file a\nnotice responding to the notice of appeal.\n(4) The respondent\u2019s notice shall specify any grounds on which the\nrespondent considers the original decision should be maintained where these\ndiffer from or are additional to the grounds given by the Registrar in the original\ndecision.\n(5) The Registrar shall send a copy of the respondent\u2019s notice to the\nAppeals Tribunal and a copy to the Appellant.\n92. (1) The Appeals Tribunal shall send written notice of the time and place\nappointed for the oral hearing of the appeal -\n(a)\nwhere no person other than the appellant was a party to the\nproceedings in which the decision appealed against was made, to\nthe Registrar and to the appellant; and\nDecisions subject to\nappeal; section 58\nAppeal to Appeals\nTribunal; section 58\nHearing and\ndetermination of appeal;\nsection 58(8)\n\nThe Trade Marks Regulations, 2017\n\n35\n(b) in any other case, to the Registrar and to each person who was a\nparty to those proceedings.\n(2) The Appeals Tribunal shall send the notice in paragraph (1) at least\nfourteen days before the time appointed for the oral hearing.\n(3) If all the persons notified under paragraph (1) inform the person\nappointed that they do not wish to make oral representations then -\n(a)\nthe person appointed may hear and determine the case on the\nbasis of written representations; and\n(b) the time and place appointed for the oral hearing may be vacated.\n(4) Regulations 80, 83, 85 and 86 shall apply to the Appeals Tribunal and\nto proceedings before the Appeals Tribunal as they apply to the Registrar and to\nproceedings before the Registrar.\n(5) If there is an oral hearing of the appeal, then regulation 84 shall apply\nto the Appeals Tribunal and to proceedings before the Appeals Tribunal as it\napplies to the Registrar and to proceedings before the Registrar.\n(6) A copy of the decision of the Appeals Tribunal shall be sent, with a\nstatement of the reasons for the decision, to the Registrar and to each person who\nwas a party to the appeal.\nPART 12 - GENERAL\n93. (1) Subject to regulation 95, the Registrar may authorise the rectification\nof any irregularity in procedure (including the rectification of any document\nfiled) connected with any proceeding or other matter before the Registrar or the\nRegistry.\n(2) Any rectification made under paragraph (1) shall be made -\n(a)\nafter giving the parties such notice; and\n(b) subject to such conditions,\nas the Registrar may direct.\n94. (1) The Registrar may certify any day as an interrupted day where -\n(a)\nthere is an event or circumstance causing an interruption in the\nnormal operation of the Registry; or\n(b) there is a general interruption or subsequent dislocation in the\npostal services of the Cayman Islands.\nCorrection of\nirregularities in\nprocedure\nInterrupted day\n\nThe Trade Marks Regulations, 2017\n\n36\n(2) Any certificate of the Registrar made under paragraph (1) shall be\nprominently displayed in the Registry and published in the Gazette.\n(3) The Registrar shall, where the time for doing anything under these\nregulations expires on an interrupted day, extend that time to the next following\nday not being an interrupted day or an excluded day.\n(4) In this regulation -\n\u201cexcluded day\u201d has the same meaning as in section 8(b) of the\nInterpretation Law (1995 Revision); and\n\u201cinterrupted day\u201d means a day which has been certified as such under\nparagraph (1).\n95. (1) Subject to paragraphs (4) and (5), the Registrar may, at the request of\nthe person or party concerned or at the Registrar\u2019s own initiative extend a time or\nperiod prescribed by these regulations or a time or period specified by the\nRegistrar for doing any act and any extension under this paragraph shall be made\nsubject to such conditions as the Registrar may direct.\n(2) A request for extension under this regulation may be made before or\nafter the time or period in question has expired and where the application for\nregistration has not been published and the request for an extension is made\nbefore the time or period in question has expired, it shall be made on the relevant\nform in Schedule 2.\n(3) Where an extension under paragraph (1) is requested in relation to\nproceedings before the Registrar, the party seeking the extension shall send a\ncopy of the request to every other person who is a party to the proceedings.\n(4) The Registrar shall extend a flexible time limit, except a time or period\nwhich applies in relation to proceedings before the Registrar or the filing of an\nappeal to the Appeals Tribunal under regulation 91(2), where -\n(a)\nthe request for extension is made before the end of the period of\nsixty days beginning with the date that the relevant time or period\nexpired; and\n(b) no previous request has been made under this paragraph.\n(5) A time limit listed in Schedule 4 (whether it has already expired or\nnot) may be extended under paragraph (1) if -\n(1995 Revision)\nAlteration of time limits\n\nThe Trade Marks Regulations, 2017\n\n37\n(a)\nthe irregularity or prospective irregularity is attributable, wholly\nor in part, to a default, omission or other error by the Registrar;\nand\n(b) it appears to the Registrar that the irregularity should be rectified.\n(6) In this regulation -\n\u201cflexible time limit\u201d means -\n(a)\na time or period prescribed by these regulations; or\n(b) a time or period specified by the Registrar for doing any act or\ncarrying out any proceedings; and\n\u201cproceedings before the Registrar\u201d means any dispute between two or more\nparties relating to a matter before the Registrar in connection with a trade mark.\n96. The publication fee for any document required to be published by the\nRegistrar in the Gazette in support of any registration, appeal, proceeding or any\nother matter shall be as set out in Schedule 3.\n\nSCHEDULE 1\n(Regulation 3)\nFees\nItem\nParticulars\nFee\n1.\nNotice of hearing attendance\n$50.00\nPublication fee\n\nThe Trade Marks Regulations, 2017\n\n38\n2.\nApplication to register a trade\nmark,\ncollective\nmark\nor\ncertification mark\n$200.00\nfor\none\nclass\n$75.00\nfor\neach\nadditional class\n3.\nApplication for a statement of\nreasons for Registrar\u2019s decision\n$100.00\n4.\nApplication to appoint or change\nagent\n$150.00\n5.\nNotice of opposition\n$250.00\n6.\nCounter-statement\n$50.00\n7.\nApplication to renew or restore a\ntrade mark\n$200.00\n$300.00\nfor\nlate\nrenewal\n$350.00\nfor\nrestoration\n\nThe Trade Marks Regulations, 2017\n\n39\n8.\nRequest to divide a series mark\nregistered on the old register\n$100.00\n9.\nApplication to amend regulations\ngoverning the use of a collective\nmark or certification mark\n$100.00\n10.\nApplication to amend a trade mark\napplication\n$100.00\n11.\nChange of owner\u2019s name or address\n$150.00\n12.\nApplication to record a transfer of\nownership\n$100.00\n13.\nApplication to record, amend or\nterminate a licence\n$100.00\n14.\nApplication to record, amend or\nterminate a security interest\n$100.00\n15.\nNotice to surrender a registration\nNo fee\n16.\nApplication to revoke a registered\ntrade mark\n$250.00\n17.\nApplication for a declaration of\ninvalidity\n$250.00\n18.\nRegulations governing the use of a\ncollective or certification mark\n$250.00\n19.\nRequest for a certified copy\n$100.00\n20.\nRequest to rectify registry\nNo fee\n\nThe Trade Marks Regulations, 2017\n\n40\n21.\nRequest\nfor\nwithdrawal\nof\napplication\nNo fee\n22.\nNotice of appeal to the Appeals\nTribunal\n$250.00\n23.\nRequest for extension of time\n$100.00\n24.\nApplication to be licenced by\nRegistrar as a registered agent\n$200.00\n25.\nPenalty for failure to appoint an\nagent within 180 days\n$100.00\n26.\nAnnual fee\n$200.00\nfor\none\nclass\n$100.00 for each\nadditional class\n27.\nLate payment of annual fee (for\neach year of default)\n$100.00\n(in\naggregate, per trade\nmark,\nirrespective\nof the number of\nclasses registered)\n28.\nSearch fee\n$50.00\n29.\n\nRegistered\nagent\nannual\nfee:\nnumber of registered trade marks as\nat 31st December\n\nUnder 10:        $200\n10-99:              $500\n100-249:       $1,000\n250-499:       $1,500\n500 & more  $2,000\n\n30.\n\nGazette publication fee\n\n$50\n\nThe Trade Marks Regulations, 2017\n\n41\nSCHEDULE 2\n(Regulation 4)\nINDEX AND FORMS\nIndex\n\nForm\nNumber\nName\nRegulation(s)\nH1\nNotice of hearing attendance\n34\nTM1\nApplication to register a\ntrade mark, collective mark\nor certification mark\n16(1)\nTM2\nApplication for statement of\nreasons for  Registrar\u2019s\ndecision\n89(2)\nTM3\nApplication to appoint or\nchange of agent\n10(1)\nTM4\nNotice of opposition\n29(1)\n30(1)\n35(1)\n38(1)\n46(1)\n69(4)\n73(2)(a)\nTM5\nCounter-statement\n30(1)\n49(1)\n50\n59(1)\nTM6\nApplication to renew or\nrestore a trade mark\n41\n42(1)\n43\nTM8\nApplication\nto\namend\nregulations governing the\nuse of Collective Mark or\nCertification Mark\n69(1)\n\nThe Trade Marks Regulations, 2017\n\n42\nTM9A\nApplication to amend trade\nmark application\n16(4)\nTM9B\nChange of owner\u2019s name or\naddress\n16(7)\n72\nTM10\nApplication to record a\ntransfer ownership\n45(a)\n 45(d)\n 45(e)\n 45(f)\nTM11\nApplication\nto\nrecord,\namend or terminate a license\n45(b)\nTM12\nApplication\nto\nrecord,\namend\nor\nterminate\na\nsecurity interest\n45(c)\nTM13\nNotice\nto\nsurrender\na\nregistration\n47\nTM14\nApplication to revoke a\nregistered trade mark\n48\nTM15\nApplication for a declaration\nof invalidity\n58(1)\nTM16\nRegulations governing the\nuse\nof\ncollective\nor\ncertification mark\n68\nTM17\nRequest for a certified copy\n71\nTM18\nRequest for information\n75\nTM19\nRequest\nto\nrectify\nthe\nregister\n76(1)\nTM20\nRequest for withdrawal of\napplication\n77(1)\nTM21\nNotice of appeal to Appeals\nTribunal\n91(1)\nTM22\nRequest for an extension of\ntime\n91(2)\nTM23\n\nRegistration of registered\nagent\n10(4)\nTM24\nRequest to be removed as\nregistered agent\n11(1)\n\nThe Trade Marks Regulations, 2017\n\n43\nForms\n\nThe Trade Marks Regulations, 2017\n\n44\n\nThe Trade Marks Regulations, 2017\n\n45\n\nThe Trade Marks Regulations, 2017\n\n46\n\nThe Trade Marks Regulations, 2017\n\n47\n\nThe Trade Marks Regulations, 2017\n\n48\n\nThe Trade Marks Regulations, 2017\n\n49\n\nThe Trade Marks Regulations, 2017\n\n50\n\nThe Trade Marks Regulations, 2017\n\n51\n\nThe Trade Marks Regulations, 2017\n\n52\n\nThe Trade Marks Regulations, 2017\n\n53\n\nThe Trade Marks Regulations, 2017\n\n54\n\nThe Trade Marks Regulations, 2017\n\n55\n\nThe Trade Marks Regulations, 2017\n\n56\n\nThe Trade Marks Regulations, 2017\n\n57\n\nThe Trade Marks Regulations, 2017\n\n58\n\nThe Trade Marks Regulations, 2017\n\n59\n\nThe Trade Marks Regulations, 2017\n\n60\n\nThe Trade Marks Regulations, 2017\n\n61\n\nThe Trade Marks Regulations, 2017\n\n62\n\nThe Trade Marks Regulations, 2017\n\n63\n\nThe Trade Marks Regulations, 2017\n\n64\n\nThe Trade Marks Regulations, 2017\n\n65\n\nThe Trade Marks Regulations, 2017\n\n66\n\nThe Trade Marks Regulations, 2017\n\n67\n\nThe Trade Marks Regulations, 2017\n\n68\n\nThe Trade Marks Regulations, 2017\n\n69\n\nThe Trade Marks Regulations, 2017\n\n70\n\nThe Trade Marks Regulations, 2017\n\n71\n\nThe Trade Marks Regulations, 2017\n\n72\n\nThe Trade Marks Regulations, 2017\n\n73\n\nThe Trade Marks Regulations, 2017\n\n74\n\nThe Trade Marks Regulations, 2017\n\n75\n\nThe Trade Marks Regulations, 2017\n\n76\n\nThe Trade Marks Regulations, 2017\n\n77\n\nThe Trade Marks Regulations, 2017\n\n78\n\nSCHEDULE 3\n(Regulations 37, 56, 66, 88)\nCosts in proceedings before the Registrar\n\nTask\nCost\n1. Preparing a statement\nand\nconsidering\nthe\nother side\u2019s statement\nFrom $200 to $600 depending on the nature of the\nstatements,\nfor\nexample\ntheir\ncomplexity\nand\nrelevance.\n2. Preparing evidence\nand\nconsidering\nand\ncommenting on the other\nside's evidence\nFrom $500 if the evidence is light to $4000 if the\nevidence is substantial. The award could go above this\nrange in exceptionally large cases but will be cut down\nif the successful party had filed a significant amount of\nunnecessary evidence.\n3. Preparing for and\nattending a hearing\nUp to $1500 per day of hearing, capped at $5000 for\nthe full hearing unless one side has behaved\nunreasonably. From $300 to $600 for preparation of\nsubmissions, depending on their substance, if there is\nno oral hearing.\n4. Expenses\n(a) Official fees arising from the action and paid by the\nsuccessful party (other than fees for extensions of\ntime).\n(b) The reasonable travel and accommodation\nexpenses for any witnesses of the successful party\nrequired to attend a hearing for cross examination.\nOff scale costs\n5. The Registrar has the ability to award costs off the scale, approaching full\ncompensation, to deal proportionately with wider breaches of rules, delaying\ntactics or other unreasonable behaviour. The overriding factor in determining\nunreasonable behaviour is that the Registrar should act judicially in all the facts\n\nThe Trade Marks Regulations, 2017\n\n79\nof a case. A party having lost, is not in and of itself indicative of unreasonable\nbehaviour.\n6. The amount awarded in cases of unreasonable behaviour should be\ncommensurate with the extra expenditure a party has incurred as the result of\nunreasonable behaviour on the part of the other side.\n7. Any claim for cost approaching full compensation or for \u201cextra costs\u201d will\nneed to be supported by a bill itemizing the actual costs incurred.\n8. Depending on the circumstances the Registrar may also award costs below the\nminimum indicated by the standard scale.\nCosts arising from interlocutory or preliminary hearings\n9. The Registrar will always consider dealing with costs as the cause of them\narises, either by specifically making no award if the issues were fairly well\nbalanced or by making an award to the successful party.\nConditional fee arrangements\n10. If one of the parties in dispute before the Registrar has agreed a conditional\nfee arrangement (\"CFA\") with their legal representative, any \"success fee\" will\nnot be taken into account when assessing costs. If the normal scale is applied,\nthere will be no uplift to take account of any CFA. Even when off-scale costs are\nawarded, the amount will be assessed using the usual principles for assessing offscale costs, and the amount will not be affected by the existence of a CFA.\n11. A party does not need to provide information about any CFA in relation to\nproceedings before the Registrar.\n\nSCHEDULE 4\n(Regulation 95)\nAlteration of time limits\n\nThe Trade Marks Regulations, 2017\n\n80\nRegulation 29(1) (filing notice of opposition)\nRegulation 30(1) (counter-statement in opposition proceedings)\nRegulation 69(4) (opposition to amendment of regulations of collective and\ncertification marks)\nRegulation 41 (renewal of registration)\nRegulation 42(1) (late renewal)\nRegulation 43 (restoration of registration)\nRegulation 49(1) (counter-statement for revocation)\nRegulation 59(1) (counter-statement for invalidity)\nRegulation 73(2)(a) (opposition to removal of matter from Register)\nRegulation 95(4) (period for making a retrospective request to extend a flexible\ntime period)\n\nMade in Cabinet the 17th day of May, 2017.\n\nKim Bullings\n\nClerk of the Cabinet.","akn_extracted_at":"2026-06-22 15:40:49.475116+00","cms_id":"2017-0051","law_type":"subordinate","year":"2017","number":"51","title":"Trade Marks Regulations","status":"in_force"},"provenance":{"files":[{"file_id":"5228","expr_id":"323","kind":"akn_xml","filename":"2017-0051_SL 51 of 2017.akn.xml","source_url":null,"storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0051\/2017-0051_SL 51 of 2017.akn.xml","content_md5":"fdb750842e03ae52fb85f3e6d86a9ec7","byte_size":"97351","http_last_modified":null,"fetched_at":"2026-06-22 15:40:50.524419+00"},{"file_id":"645","expr_id":"323","kind":"pristine_pdf","filename":"2017-0051_SL 51 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0051\/2017-0051_SL 51 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/pristine\/SUBORDINATE\/2017\/2017-0051\/2017-0051_SL 51 of 2017.pdf","content_md5":"d4c93877e1ed9712a502f4b21eb2ecb3","byte_size":"920664","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.258992+00"},{"file_id":"646","expr_id":"323","kind":"working_pdf","filename":"2017-0051_SL 51 of 2017.pdf","source_url":"\/cms\/images\/LEGISLATION\/SUBORDINATE\/2017\/2017-0051\/2017-0051_SL 51 of 2017.pdf","storage_path":"\/Users\/q\/kyleg-data\/working\/SUBORDINATE\/2017\/2017-0051\/2017-0051_SL 51 of 2017.pdf","content_md5":"d4c93877e1ed9712a502f4b21eb2ecb3","byte_size":"920664","http_last_modified":null,"fetched_at":"2026-06-21 23:09:38.258992+00"}],"paragraph_count":97,"latest_history":null},"quality":{"expr_id":"323","doc_id":"323","quality_state":"needs_review","quality_score":"76","needs_human_review":"t","deterministic_categories":"{duplicate_text,page_header_footer_noise}","llm_categories":"{duplicate_text,other}","repair_actions":"{collapse_duplicate_text,manual_review,strip_page_furniture}","finding_severity_counts":"{\"low\": 1, \"medium\": 1}","finding_summary":"Duplicate title blocks and potential truncation warrant human verification of extraction completeness.","assessed_at":"2026-06-22 15:29:46.172777+00","updated_at":"2026-06-22 15:29:46.172777+00"}}